---
title: "List the original electronic records still to be obtained where only a copy is held"
url: "https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/list-the-original-electronic-records-still-to-be-obtained-where-only-a-c"
type: "task"
site: "AI Law Framework"
id: "A44-FL20261022-6"
practice_area: "Incoming evidence — deepfakes & synthetic documents"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# List the original electronic records still to be obtained where only a copy is held

> 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…

Canonical page: https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/list-the-original-electronic-records-still-to-be-obtained-where-only-a-c  
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 | 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 / 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: 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 does: 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.
- 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. 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.
2. Record why the original is said to be unavailable, because section 48(4) turns on that fact.
3. The lawyer writes any letter that will be sent. The list does not become that letter.

## 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 48, proof of contents of documents](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ea199580/s48.html) (checked 2026-10-22)
- [Evidence Act 1995 (Cth) s 146, evidence produced by processes, machines and other devices](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ea199580/s146.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/list-the-original-electronic-records-still-to-be-obtained-where-only-a-c/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.*