---
title: "Letter requesting native files, metadata and device examination (Evidence Act s 167)"
url: "https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/evidence-act-request-native-files"
type: "precedent"
site: "AI Law Framework"
id: "a44-evidence-act-request-native-files"
area_id: "A44"
kind: "letter"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Letter requesting native files, metadata and device examination (Evidence Act s 167)

> Letter to the other side requesting production of the original native file and metadata, examination and testing of the file and the device that produced it, and the person who created it, where AI generation or…

Canonical page: https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/evidence-act-request-native-files  
Law stated as at: 2026-10-17

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

Letter to the other side requesting production of the original native file and metadata, examination and testing of the file and the device that produced it, and the person who created it, where AI generation or alteration is suspected.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- 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 6 authorities it cites, for Australia, New South Wales and Victoria.

## When to use it

Send as soon as you have a copy of a document, image or recording the other side intends to tender and its authenticity is in question. Under s 168(5) the request must generally be made within 21 days after service of the copy; otherwise you need leave.

## How AI may be used

AI can populate the schedule of items and the metadata mismatches from the lawyer's review, and check dates against the s 168 time limit, but the lawyer decides what to request and how to describe the concern.

**AI may:**

- Build the schedule of items with file names, document IDs, service dates and the 21-day deadline for each.
- Summarise the metadata inconsistencies identified in the lawyer's or expert's review for the letter.
- Check the draft for consistency between the schedule and the requests.

**AI must not:**

- Must not allege fabrication or forgery; the letter should state the concern neutrally.
- Must not include privileged expert opinion without the lawyer's decision to disclose it.
- Must not send the letter.

**The lawyer checks:**

- Each request falls within s 166 and is reasonable.
- The letter is sent within 21 days after service of the copy, or leave will be sought.
- The proposed examination protocol protects confidentiality and the original.

## Authorities

- [Evidence Act 1995 (Cth) s 166 (definition of request: produce, examine, test, call witnesses)](https://www.legislation.gov.au/C2004A04858/latest/text)
- [Evidence Act 1995 (Cth) s 167(c) (requests about the authenticity, identity or admissibility of a document or thing)](https://www.legislation.gov.au/C2004A04858/latest/text)
- [Evidence Act 1995 (Cth) s 168(5) to (7) (21-day time limit after service of a copy; leave)](https://www.legislation.gov.au/C2004A04858/latest/text)
- [Evidence Act 1995 (Cth) s 169 (orders on failure or refusal to comply, including exclusion)](https://www.legislation.gov.au/C2004A04858/latest/text)
- [Evidence Act 1995 (NSW) ss 166 to 169 (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, para 4.10(b)](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ai)

## Official form

[Official form](https://www.legislation.gov.au/C2004A04858/latest)

## 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/evidence-act-request-native-files 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.*