Alienation of Affection and Criminal Conversation cases (AACC) increasingly hinge on Discovery materials involving social media, texting, and email.
Given the nature of the tort, which may include allegations of marital unfaithfulness, an “affair,” or other sexual misconduct outside marriage, a thorough investigation of the background circumstances is warranted.
Discovery is purposely intended to be expansive, if not exhaustive, under the NC Rules of Civil Procedure, Section 1A-1.
Documenting an extra-marital affair often involves more than just Interrogatories, Requests for Admissions, Depositions, and Responsive Pleadings or Answer to a Complaint (lawsuit).
Securing documentation of specific documents, ESI or Electronically Stored Information, records, recordings, and proof of the affair ordinarily involves retrieving materials from computers, laptops, cell phones, and other cloud-based storage sources.