---
title: "Decide whether discovery or suppressed material can go into a tool"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/decide-whether-discovery-or-suppressed-material-can-go-into-a-tool"
type: "task"
site: "AI Law Framework"
id: "A5-V20260923-4"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-09-23"
---

# Decide whether discovery or suppressed material can go into a tool

> Build an index of candidate documents from metadata the lawyer has already cleared, without opening the underlying files in the tool.

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/decide-whether-discovery-or-suppressed-material-can-go-into-a-tool  
Last reviewed: 2026-09-23

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Build an index of candidate documents from metadata the lawyer has already cleared, without opening the underlying files in the tool. |
| What the lawyer must review | Decide whether discovery, subpoenaed or suppressed material may be processed, and where Do not treat the index as permission to upload |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The index helps the lawyer see what would be uploaded. Many of these documents must not be uploaded at all.

- What the AI does: Build an index of candidate documents from metadata the lawyer has already cleared, without opening the underlying files in the tool.
- What the lawyer does: Decide whether discovery, subpoenaed or suppressed material may be processed, and in what environment. The index is not permission to upload.
- Who reviews: Lawyer competent in the matter and the forum
- Basis: Planning guidance for the 23 September 2026 practice taxonomy. Confirm the current source before reliance.
- Why: The traffic light follows the consequence of an error and how much of the output the lawyer must check before it is used.
- Restriction: The lawyer leads the substantive decision. Any assistance stays inside the preparation described for this task.

## Checks the lawyer makes

1. Confirm the forum or obligation that applies before any draft is used.
2. Check the output against the current primary source for that forum.
3. Keep confidential, suppressed and compelled material out of a public tool.
4. The lawyer settles the document or the decision before it is used.

## Notes

- Planning guidance. Confirm the current instrument before reliance.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New Zealand](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/decide-whether-discovery-or-suppressed-material-can-go-into-a-tool/new-zealand.md) | Red |
| [South Australia](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/decide-whether-discovery-or-suppressed-material-can-go-into-a-tool/south-australia.md) | Red |
| [United States](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/decide-whether-discovery-or-suppressed-material-can-go-into-a-tool/united-states.md) | Red |

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