The courts can frown on deliberately choosing mediums that can’t be subpoenaed. For example Musk didn’t provide a screenshot of a Signal he sent; the recipient

The courts can frown on deliberately choosing mediums that can’t be subpoenaed. For example Musk didn’t provide a screenshot of a Signal he sent; the recipient also received a subpoena and sent a screenshot of the text. Twitter is therefore asking for adverse inference about Musk’s discovery compliance. But also notice all the times they ask for a phone call, which wouldn’t be recorded (other than that it happened and length). Of course the contents of that call can be asked about in deposition but people lie, misremember, don’t recall, or “don’t recall” all the time in depositions.