Social media has become one of the most powerful — and often most revealing — sources of evidence in family law litigation. In cases involving parenting time, support, dissipation of assets and credibility, social media content frequently provides unfiltered insight into a party’s behavior, lifestyle, and state of mind. And over the last 15 years, just about every high-profile family law case has some form of evidence from Facebook, Twitter and Instagram.
This course provides attorneys with a practical framework for identifying, preserving, and effectively using social media evidence in family law cases. Participants will explore key discovery strategies, including drafting targeted interrogatories and requests for production, as well as navigating limitations imposed by the Stored Communications Act. The program also examines spoliation risks and preservation obligations, including when the duty to preserve arises and the potential consequences of failing to do so.
Learning Objectives:
• Identify the types of social media evidence relevant to family law litigation, including posts, messages, photos, and metadata
• Explain discovery obligations related to social media, including how to draft effective interrogatories and requests for production to obtain relevant content
• Recognize preservation duties and spoliation risks, including when the duty to preserve arises and the potential consequences of failing to maintain electronic evidence
• Apply foundational requirements for admissibility, including authenticity, relevance, and reliability of social media evidence at trial
• Demonstrate methods for authenticating social media content, including both direct and circumstantial evidence of authorship
• Distinguish between hearsay and non-hearsay uses of social media evidence, including admissions by a party-opponent
• Develop practical trial strategies for introducing social media evidence and responding to challenges regarding authenticity or admissibility
• Anticipate and counter defenses such as impersonation or fabricated content, including the use of corroborating evidence and cross-examination techniques
A significant focus is placed on evidentiary challenges at trial, including authentication, foundation, and hearsay issues. Attorneys will learn how to establish authorship, utilize circumstantial evidence, and lay a proper foundation to admit social media content, as well as how to challenge unreliable or improperly obtained evidence. Through practical examples and case-based analysis, this course equips attorneys with actionable strategies to leverage — or neutralize—social media evidence and avoid common pitfalls in modern family law litigation.
Adam C. Kibort is a partner at Grund & Leavitt LLP in Chicago, where he focuses his practice exclusively on family law. He represents clients in complex disputes and has extensive courtroom experience handling evidentiary issues, motion practice, and trial strategy. Adam regularly addresses authentication, admissibility, and discovery challenges involving electronic and social media evidence, helping courts and juries navigate digital proof in modern litigation. He is an experienced advocate who combines practical trial skills with deep knowledge of evidentiary rules, including foundation, hearsay, and admissions by a party-opponent. Adam frequently speaks on litigation strategy and evidentiary issues and is committed to equipping attorneys with practical tools they can apply immediately in the courtroom.