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Obtaining Cell Phone Records in Civil Litigation

, New York Law Journal

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Jeff S. Korek writes that with studies showing as much as 23 percent of all car accidents involved distracted drivers using their cell phones, it would seem logical that civil litigants involved in motor vehicle accident cases should be able to obtain the cell phone records of an opposing driver in order to help prove fault. Yet, surprisingly, it is very difficult to obtain such records.

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