Discovery: Requests for Production: Social Media

T.B. v. Montana State Fund [09/29/15] 2015 MTWCC 18 Under the broad rules of discovery, the requesting party need not meet any threshold before the opposing party has to produce relevant information she has deemed “private” on her Facebook page where the discovery request is reasonably calculated to lead to the discovery of admissible evidence.  However, the requesting party does not get unfettered access to the opposing party’s private Facebook posts, but rather the opposing party has the duty to review her pages and produce only those posts, photographs, and other information which are responsive to the request for production and which are not privileged.