Mobile Device Evidence

Mobile Device Evidence and What You Need to Consider in Discovery: eDiscovery Trends

There are several considerations that are unique to discovery of mobile devices. In their latest post, Cimplifi discusses those considerations for discovery of mobile device evidence!

Their post (Getting the Message: Considerations for Discovery of Mobile Device Evidence, available here) starts by discussing the data available within mobile devices. Texts aren’t the only data type unique to mobile devices, other types of mobile device evidence to consider include:

  • Phone Logs: These are key for piecing together communications and can lead to identification of other custodians or third parties with potentially relevant information.
  • Voicemail: As is the case with landline phones, recorded voicemail messages are often responsive to discovery requests.
  • Photos: Many cases today involve photos of damages or place individuals at the scene of an incident. Photos contain important metadata that includes not just the date and time, but also the geolocation at which the photo was taken.
  • Videos: Many cases today also hinge on videos of the incident. The ubiquity of mobile devices and the ease of taking videos makes them much more common as evidence in cases today. Cameras on mobile devices are everywhere!
  • Files: Relevant files that aren’t available elsewhere within the data collection may have been downloaded directly to the mobile device.
  • Notes and Voice Memos: Many people use a notes or voice memo app for taking notes (written or audio) on their mobile devices which aren’t available elsewhere.

Those are just some of the examples of standard types of data from mobile devices that are routinely responsive in discovery. What other types of data may be responsive? What terrific resource can you use to guide mobile device discovery in your case? And what are the challenges to discovery of mobile device evidence?


Find out that and more here! It’s just one more click! And please share any comments you might have or if you’d like to know more about a particular topic.

Disclosure: Cimplifi is an Educational Partner and sponsor of eDiscovery Today

Disclaimer: The views represented herein are exclusively the views of the authors and speakers themselves, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Leave a Reply