Monday, November 01, 2010

How Facebook Can Make or Break Your Case

How Facebook Can Make or Break Your Case is a nice article outlining how to use Facebook in litigation.

FLORIDA JURORS: NO TWEETING ALLOWED!

On October 21, the Florida Supreme Court approved various changes to the Standard Civil Jury Instructions. All of the changes bear on the use of technology—such as twitter—by jurors. The entire opinion, with all of the amendments appended, can be obtained here.  

IMPORTANT: THESE NEW AMENDMENTS ARE NOT YET REFLECTED IN THE COMPLETE SET OF INSTRUCTIONS, WHICH CAN BE FOUND HERE.

In addition to changes to existing instructions, the amendments include a brand new unnumbered instruction, to be read at the conclusion of the instructions to be read to prospective jurors. That new instruction reads as follows:

QUALIFICATIONS INSTRUCTION

Many of you have cell phones, computers, and other electronic devices. Even though you have not yet been selected as a juror, there are some strict rules that you must follow about using your cell phones, electronic devices and computers. You must not use any device to search the Internet or to find out anything related to any cases in the courthouse. Between now and when you have been discharged from jury duty by the judge, you must not provide or receive any information about your jury service to anyone, including friends, co-workers, and family members. You may tell those who need to know where you are that you have been called for jury duty. If you are picked for a jury, you may tell people that you have been picked for a jury and how long the case may take. However, you must not give anyone any information about the case itself or the people involved in the case. You must also warn people not to try to say anything to you or write to you about your jury service or the case. This includes face-to-face, phone or computer communications. In this age of electronic communication, I want to stress that you must not use electronic devices or computers to talk about this case, including tweeting, texting, blogging, e-mailing, posting information on a website or chat room, or any other means at all. Do not send or accept any messages, including e-mail and text messages, about your jury service. You must not disclose your thoughts about your jury service or ask for advice on how to decide any case. After you are called to the courtroom, the judge will give you specific instructions about these matters. A judge will tell you when you are released from this instruction. All of us are depending on you to follow these rules, so that there will be a fair and lawful resolution of every case.

NOTE ON USE
This instruction should be given in addition to and at the conclusion of the instructions normally given to the prospective jurors. The portion of this instruction dealing with communication with others and outside research may need to be modified to include other specified means of communication or research as technology develops.

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