Record that relevant evidence is admissible unless the Act provides otherwise
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where the lawyer has already marked the evidence as relevant, record that, except as otherwise provided by this Act, that evidence is admissible in the proceeding. Record that evidence that is not relevant in the proceeding is not admissible. Do not decide relevance. Do not decide that no other provision of the Act applies.
- What the lawyer must review
- The lawyer decides relevance and whether another provision of the Act keeps the evidence out or lets it in. Section 56(1) of the Evidence Act 1995 (Cth) says that, except as otherwise provided by the Act, evidence that is relevant in a proceeding is admissible in the proceeding. Subsection (2) says evidence that is not relevant in the proceeding is not admissible. A separate task records whether evidence could rationally affect a fact in issue. This task does not apply that test and does not decide admission.
- 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 | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Start only from a relevance marking the lawyer has already made.
- Record both subsections. Do not drop the words except as otherwise provided by this Act.
- Do not decide relevance and do not decide that no other provision applies.
Sources
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.