Check a subpoena for third-party records against the sexual assault communications privilege
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the subpoena schedule and the description of the records sought, list each category of document and flag those that may contain protected confidences (counselling, medical or support records of the complainant), noting the notice and leave steps the procedure requires before such records can be produced or inspected.
- What the lawyer must review
- The lawyer decides whether any category is likely to contain protected confidences, whether to narrow the subpoena or seek leave, how the protected confider is notified, and prepares any application.
- 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 | From the subpoena schedule and the description of the records sought, list each category of document and flag those that may contain protected confidences (counselling, medical or support records of the complainant), noting the notice and leave steps the procedure requires before such records can be produced or inspected. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check every category of the schedule, not only those labelled counselling.
- Confirm the protected confider will be given the notice the procedure requires.
- Confirm no protected material is opened or loaded into any tool before leave is decided.
Sources
- Judicial Commission of NSW Sexual Assault Trials Handbook — Sexual assault communications privilege · 2026-10-18
- ALRC Report 114 — Sexual assault communications privilege · 2026-10-18
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.