Typical of the Requests for Production that insurance defense lawyers send out ...
1. Please produce ********’s electronic devices, including, but not limited to, cell phone(s), computer(s), cameras, iPod(s) and/or iPad(s) to forensic expert [name, address redacted] for evaluation, identification, examination, collection and preservation of all digital evidence contained on ********’s cell phone(s), computer(s), iPad(s) and/or iPod(s).
2. Please produce a copy of ********'s electronic device records, including but not limited to, cell phone records for any and all cell phones identified in response to Interrogatory Nos. 3, 4 and 7 including, but not limited to, any and all text messages received or sent by ******** on any phone from the date of the accident to the present date.
3. Please produce ********’s electronic devices, including, but not limited to, cell phone(s), camera, iPods, iPad(s) and/or computers he used from the date of the accident to the current date.
4. Please produce an electronic copy/.PST file of ********’s personal and/or work Outlook files/folders, including, but not limited to, calendars and emails (inbox, sent, deleted and/or archived).
5. If you have a Facebook account, please provide a complete zip file of your Facebook information. This can be accomplished on the Facebook website by going to Account, selecting Account Settings, and then clicking the "learn more" link on the line that states "Download Your Information." Follow the directions contained on that page and provide the resulting zip file via e-mail, CD/DVD, or thumb drive, as you prefer. If you choose one of the latter options for production and would like a CD/DVD or thumb drive provided to you, please advise and one will be provided by the undersigned.
One of the partners in our law firm was formerly an insurance defense attorney. Going to the claimants' FB page first thing was S.O.P. in his former practice, and for the insurance companies he worked for. They want to harvest whatever they can online as soon as possible, in case the claimant later starts deleting things.