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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
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Experience:  Licensed Texas General Practice Attorney
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Are FaceBook posting admissable in court Thanks.

Customer Question

Are FaceBook posting admissable in court?
Thanks.
Submitted: 2 years ago.
Category: Family Law
Expert:  ScottyMacEsq replied 2 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Yes, for the most part, assuming that the statement didn't contain hearsay or otherwise qualified for an exception to the hearsay rule. The main issue that comes up with internet postings, etc... is "authentication". That is, making sure that the witness was the same person as posted the posting.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, and again, good luck to you!

Customer :

what if it is postings by my son and I need this for a custody hearing

ScottyMacEsq :

Then the posting would likely be more admissible. The main issues that come up in admissibility are when evidence is brought in in front of a jury. Judges typically have a better handle on the value of the evidence, and as such, are much more lenient with that type of evidence.

ScottyMacEsq :

So it's far more likely that a judge would allow it in a custody hearing (without a jury) than in a jury trial.

ScottyMacEsq :

If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, and again, good luck to you!

ScottyMacEsq :

If there is something else that I can help you with, please let me know. Please note that I do not get any credit for the time and effort I spent on this (or any question) unless and until you select "accept". Thank you, and again, good luck to you!

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