---
title: "List the dangers that can limit the use of evidence"
url: "https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/list-the-dangers-that-can-limit-the-use-of-evidence"
type: "task"
site: "AI Law Framework"
id: "A44-FL20261022-20"
practice_area: "Incoming evidence — deepfakes & synthetic documents"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# List the dangers that can limit the use of evidence

> Set out the two dangers in section 136, each as a blank: that a particular use of the evidence might be unfairly prejudicial to a party, and that a particular use might be misleading or confusing.…

Canonical page: https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/list-the-dangers-that-can-limit-the-use-of-evidence  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Incoming evidence — deepfakes & synthetic documents](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Set out the two dangers in section 136, each as a blank: that a particular use of the evidence might be unfairly prejudicial to a party, and that a particular use might be misleading or confusing. Do not say that the use should be limited. Do not add undue waste of time. |
| What the lawyer must review | The lawyer decides whether there is a danger in a particular use and whether to ask the court to limit that use. Section 136 of the Evidence Act 1995 (Cth) says the court may limit the use to be made of evidence if there is a danger that a particular use might be unfairly prejudicial to a party or be misleading or confusing. It does not include undue waste of time. That danger is in the exclusion discretion, which is a separate task. This task assumes the evidence is being considered for a limited use. It does not decide admission. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: Set out the two dangers in section 136, each as a blank: that a particular use of the evidence might be unfairly prejudicial to a party, and that a particular use might be misleading or confusing. Do not say that the use should be limited. Do not add undue waste of time.
- What the lawyer does: The lawyer decides whether there is a danger in a particular use and whether to ask the court to limit that use. Section 136 of the Evidence Act 1995 (Cth) says the court may limit the use to be made of evidence if there is a danger that a particular use might be unfairly prejudicial to a party or be misleading or confusing. It does not include undue waste of time. That danger is in the exclusion discretion, which is a separate task. This task assumes the evidence is being considered for a limited use. It does not decide admission.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. List only the two dangers in section 136. Do not add undue waste of time.
2. Do not say that a use is limited.
3. Do not treat this list as a refusal to admit the evidence.
4. Name the particular use only if the lawyer has already written it.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Evidence Act 1995 (Cth) s 136, general discretion to limit use of evidence](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ea199580/s136.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/list-the-dangers-that-can-limit-the-use-of-evidence/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*