Supreme Court Addresses Standard for Admission of Social Media Evidence

Parker v. State,  Del. Supr., No. 38, 2013 (Feb. 5, 2014).

Takeaway: The Delaware Supreme Court in this case of first impression applies Rules 104 and 901 of the Delaware Rules of Evidence to determine the standard in Delaware for introduction into evidence at trial of social media entries, such as Facebook. Even in corporate and commercial litigation, this enunciation of the applicable standards for introducing this type of evidence suggests that this opinion be included in the business litigator’s tool box.