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Whether you are involved in a divorce proceeding or a child custody matter, litigation is often an emotional and intrusive experience. It can be made even more so through the discovery process, when you are required by the court’s rules of procedure to provide numerous types of documents to the opposing party and to the Court. If you have text messages, e-mails, or other documents that re relevant to your legal matter, then it is likely that you will need to share that evidence as part of the discovery process – and it is important that this evidence is not destroyed.

What Happens to Text Messages, E-Mails and Photos in Court?

You may be required to share documents with the opposing party in response to a Request for Production of Documents, a Deposition Notice, or a trial Subpoena. While there are surely documents that you would prefer that your spouse or the court not see (i.e. a disparaging text message, an embarrassing photograph, a receipt for an excessive purchase), you will still be required to comply with the court’s rules as to discovery and evidence, which mandate that you produce all relevant documents within your possession, custody, or control. While you may have a strong desire to prevent certain documents from ever seeing the light of day, the consequences of doing so may be end up being worse than disclosing the documents.

There is a concept under the law known as “spoliation”, which is the intentional destruction of evidence.

There is a concept under the law known as “spoliation”, which is the intentional destruction of evidence. If a judge finds that a party has intentionally destroyed a discoverable document (e-mail, text message, or otherwise), the judge has broad authority to impose sanctions against the party responsible for the destruction. The court’s sanctions may be financial in nature, with the imposition of attorney’s fees and expenses, or the sanctions may have substantive legal consequences, resulting in the dismissal of claims or allowing the fact finder to draw an inference as to the content of destroyed documents. The requirement to preserve documents applies not only to physical documents, but also to records and data that is maintained electronically, whether by you, or by a third party on your behalf.

In their consideration of claims of spoliation of evidence, the Court will look at whether: (1) there was an act of destruction; (2) the evidence was discoverable; (3) there was an intent to destroy the evidence; and (4) occurrence of the act was at a time after suit has been filed, or, if before, at a time when the filing is fairly perceived as imminent. Cumberland Insurance Group v. Delmarva Power, 226 Md.App 691 (2016). The fourth prong of the Court’s test is important to note, because spoliation sanctions may be imposed if a document is destroyed even before litigation has started.

Be Proactive

In Maryland, custody and child support are always subject to modification. With this in mind, it is important to preserve evidence even after your case has concluded. If your child is under the age of 18 and has not yet graduated from high school, it is possible that you could find yourself back before the Court on a modification of child support or custody. The day to day communications between you and your co-parent could be the very evidence that would make or break your future case. In divorce, the communications or documentation that is produced follow your divorce hearing may be relevant in the future in enforcement proceedings should either party fail to comply with the Court’s Orders.

Even if you believe there are documents in your possession, custody, or control that may be detrimental to your case, do not destroy or dispose of the evidence. It is important you bring those concerns to the attention of an attorney, rather than risk sanctions from the court. An attorney will be able to advise you about your concerns, and discuss a strategy going forward to address and mitigate any potential issues. If you are concerned that your spouse will attempt to destroy documents relevant to your case, there are steps that can be taken to put your spouse, or the custodian of relevant records, on notice that litigation is imminent and that they have a duty to preserve all evidence going forward.

At the Law Office of Shelly M. Ingram, we offer virtual consultations and mediations using Zoom, Skype, Facetime, and telephone. Contact us today to schedule a mediation or a consultation with an attorney.

Through the discovery process, the other side has a right to all your social media accounts, whether you have them on a privacy setting or not. You should always keep that in mind and expect that all e-mails, text messages and posts on your social media (whether that be twitter, Facebook, Instagram, etc.) could be looked at by the opposing party, oppose counsel, and/or a Judge or Magistrate in Court. Magistrates and Judges tend to get inundated with text messages, various social media posts, and emails. They will then use those to help make their decision about your credibility and the issues in your case. This can effect both child custody issues as well as money issues (asset distribution, alimony, child support and an award of counsel fees.)

While every case is different; below are some general guidelines to follow in any litigation situation:

Do not threaten to physically or verbally abuse your spouse or children in person or in writing. Never say or write down anything to others that you wouldn’t want your spouse, their attorney or a Magistrate or Judge to hear. Never try to hide evidence or assets and remember that there is a paper trail for everything. Also, make sure you never throw away financial records or other possible evidence.

Every matter is different so if you have further questions or concerns, our office offers in-person and virtual consultations and mediations using Zoom, Skype, Facetime, and telephone. Contact us today to schedule a consultation with one of our attorneys if you have additional questions or would like to discuss your options in more detail.

The sun is shining, the flowers are starting to bloom, and the temperature is finally above freezing. This means that spring has definitely arrived. There are so many activities in our area, and some great family activities that you won’t want to miss — including many free activities for kids. Having these dates at hand is also a great tool for planning a day out with the kids based on your co-parenting schedule. Here are some of our favorite family activities in the DC Metro area.

The National Cherry Blossom Festival began March 30th and continues through April 14th. This is a must-see event for our area. Make sure you check out all the activities from story-time to a Petalpalooza at the National Harbor!

Fairy and Gnome Home Festival and Tour takes place April 14th from 11-4 in Solomons, Maryland. This festival features an over-the-top magical afternoon of creative play, games, unicorn rides, a petting zoo, face painting, crafts and more!

Montgomery Parks offer so many fun events! The Wings of Fancy Butterfly and Caterpillar takes place April 17th to June 30 from 10-5. Visitors will be surrounded by hundreds of brilliant live butterflies from North America, Costa Rica, Africa and Asia soaring among colorful flowers and going about their business of drinking nectar and looking for others of their kind.

Port Discovery Children's Museum offers Spring Break fun from April 19th to April 22nd. Kids will love the Stem in Spring event where they can explore Science, Technology, Engineering and Math in fun, playful ways.

Days Out with Thomas tour at the B&O Railroad Museum offers your train loving kids the chance to spend a day with Thomas the Tank Engine™ at the B&O Railroad Museum in Baltimore! Little Engineers and families take a 25 minute train ride behind Thomas the Tank Engine, meet Sir Topham Hatt, and enjoy a full day of live entertainment, activities, and family fun! Tickets are available for Fridays: April 26th and May 3rd from 9-3, Saturdays: April 27th and May 4th from 8:30-6 and Sundays: April 28th and May 5th from 8:30-5:30

Annapolis, Maryland has some wonderful family events. We love the Food and Spirits Festival April 27th and 28th from 10-6 and May Day on May 1st.

Maryland Sheep and Wool Festival takes place May 4th from 8:30-6, and the 5th from 8:30-5. There are lots of fun family activities celebrating all things sheep!

The Big Bounce America tour is coming to the D.C. area from May 10, 11, 12, 17, 18 and 19. Check out the options and buy your tickets here.

How about a day trip to Delaplane, VA for the annual Delaplane Strawberry Festival on May 25th and 26th from 10-5? There will be hayrides, a petting farm, crafts and old-fashioned field games. Make sure to take home a pint of strawberries!

Passport DC offers families the opportunity to get a better understanding of the district's thriving international diplomatic community. Events are held in May including the Around the World Embassy Tour on May 4th.

The D.C. Chocolate Festival offers families the opportunity to try and learn about oodles of different chocolate from a variety of creators.

The Fun Camp offers live kids' shows in Frederick, Maryland.

DC Area Easter Egg Hunts and Other Kid-Friendly Easter Events

Of course our area offers plenty of fun Easter Events. Here are a few worth checking out.

Milburn Orchards in Elkton, Maryland is opening for Easter egg Hunts and Breakfast with the Easter Bunny April 13th, 14th, 18th, 19th and 20th.

Bunnyland at Butler’s Orchard is open on weekends beginning April 13th to April 28th from 10-5. Activities include a jump pad, hunting for eggs, a hayride, petting zoo and tons of more fun.

National Zoo Easter Monday and Earth Optimism Celebration is on April 22nd from 10-2. Families are invited to enjoy egg hunts, live music, food trucks and games while discovering how they can help save species. This is a free event, and will be highly attended so plan to arrive early.

Bunny Bonanza at the Baltimore Zoo takes place April 19th to 21st from 10-2. This annual family tradition features games, activities, crafts, live entertainment, and non-stop egg hunts! Plus, don’t miss a full schedule of animal enrichment where our animals will get some sweet Easter treats of their own!

The annual PEEPshow at Carroll Arts Center takes place from April 12th to 23rd. Times are Sunday through Thursday 10-7, and Friday and Saturday from 10-9. It’s held in Westminster and features more than 150 marshmallow masterpieces!

DC Area Parks and Amusements

Spring is also the time for many parks and amusements open for the season.

Catoctin Wildlife Preserve opens March 23rd. Hours are from 10-4. The preserve features more interactive touch and feed opportunities than any other animal park in the region.

King’s dominion opens March 30th for the season and you can usually search the web to find discounts on tickets.

Six Flags America opens April 6th, again don’t forget to search for discounted tickets!

Chesapeake Pirate Adventures opens April 13th. Set sail in search of adventure for an experience the entire family will enjoy.

We hope you’ve enjoyed our Spring Activities list.