List the original electronic records still to be obtained where only a copy is held
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where the file holds only a screenshot, a forward, a PDF print or a photograph of a screen, list the original electronic record that is missing: the native file, the platform export, the device, and the account or system that created it. Do not draft the request to the other party.
- What the lawyer must review
- The lawyer decides whether section 48 lets the copy be used, or whether the original must be sought, and writes any request. Section 48(4) is available only where the document is not available to the party, or its existence and contents are not in issue. A copy that is merely more convenient is not in that paragraph.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Where the file holds only a screenshot, a forward, a PDF print or a photograph of a screen, list the original electronic record that is missing: the native file, the platform export, the device, and the account or system that created it. Do not draft the request to the other party. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Describe the object that is missing in the words of the file, such as the native image or the platform export. Do not assert a hash standard the opened sources do not state.
- Record why the original is said to be unavailable, because section 48(4) turns on that fact.
- The lawyer writes any letter that will be sent. The list does not become that letter.
Sources
- Evidence Act 1995 (Cth) s 48, proof of contents of documents · 2026-10-22
- Evidence Act 1995 (Cth) s 146, evidence produced by processes, machines and other devices · 2026-10-22
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.