---
title: "Digital evidence intake and chain-of-custody record"
url: "https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/digital-evidence-chain-of-custody-record"
type: "precedent"
site: "AI Law Framework"
id: "a44-digital-evidence-chain-of-custody-record"
area_id: "A44"
kind: "form"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Digital evidence intake and chain-of-custody record

> Form for recording how a digital exhibit was obtained, its hash values, every transfer, access and copy, and integrity checks, so that its authenticity and handling can be proved.

Canonical page: https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/digital-evidence-chain-of-custody-record  
Law stated as at: 2026-10-17

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

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Incoming evidence — deepfakes & synthetic documents](https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents.md)
- Jurisdictions: Australia, New South Wales, Victoria
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 4 authorities it cites, for Australia, New South Wales and Victoria.

## When to use it

Open a record when any digital item that may be evidence first reaches the firm (from the client, the other side, a subpoena or a platform), and keep it updated until the matter ends. One record per item or per forensic image.

## How AI may be used

AI can build a draft custody log from capture notes and export logs, marking gaps, but a person who handled the evidence completes and signs the record.

**AI may:**

- From capture notes, emails and export logs, list who held the item, when, and what hashes or logs exist, marking gaps.
- Compare hash values recorded at each transfer and flag any mismatch.
- Produce the index of items for an expert or the court.

**AI must not:**

- Must not fill gaps with assumed events or times.
- Must not be given the evidence files themselves unless the tool is approved for that evidence class.
- Must not sign or certify the record.

**The lawyer checks:**

- Every transfer has a person, date, time, method and hash check.
- Gaps are explained or followed up.
- Storage and access controls are documented.

## Authorities

- [Evidence Act 1995 (Cth) ss 48, 57, 146 and 147 (proof of contents of documents; provisional relevance; presumptions for device-produced documents)](https://www.legislation.gov.au/C2004A04858/latest/text)
- [Evidence Act 1995 (Cth) ss 166 to 169 (requests relating to how a document was produced and has been kept)](https://www.legislation.gov.au/C2004A04858/latest/text)
- [Evidence Act 1995 (NSW) (corresponding provisions)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1995-025)
- [Federal Court of Australia, Use of Generative Artificial Intelligence Practice Note (GPN-AI), 16 April 2026, paras 4.13 to 4.15 (confidential and restricted information)](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ai)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/digital-evidence-chain-of-custody-record and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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