Delaware’s Top Court Weighs In On Submitting Social Media Evidence At Trial

The Supreme Court of Delaware has endorsed a less stringent method of determining whether an employee’s social media post can be accepted as evidence The standards for admissibility of Facebook or other social media posts in employment lawsuits have largely fallen into two camps: The Texas method, where the proponent does not necessarily need to prove the social media evidence is authentic so long as a jury “could reasonably find” that it is, and the stricter Maryland approach that requires verification of the social media post’s authenticity from the computer hard drive, the social media site, or the employees themselves. In a recent decision, Delaware’s highest court endorsed the Texas method, which could set important precedence for suits nationwide.