DAR-0022

Mandatory Notice Requirement for the Use of Artificial Intelligence by Filers in Court Submissions

Policy Statement:

This policy is established to ensure transparency and awareness regarding the use of artificial intelligence (AI) in legal filings submitted to the court. All filers are required to notify the court when AI technologies have been employed in the preparation of their filings.

I. Definitions:
  1. Filer: Any individual, including but not limited to attorneys, self-represented litigants, or other legal representatives, submitting documents to the court.
  2. Artificial Intelligence (AI): Technologies that simulate human intelligence to perform tasks, including but not limited to, legal research, document drafting, and analysis.
II. Notification Requirement:
  1. Obligation to Notify: All filers using AI technologies in the creation of court filings are required to inform the court of such usage.
  2. Timing of Notification: Filers must provide AI usage notification concurrently with the submission of any document incorporating AI-generated content. If AI usage is discovered after filing, filers must promptly notify the court and opposing parties.
  3. Content of Notification: The notification should include a brief description of the AI technology employed, its purpose, and the extent to which it has been utilized in the document. Filers are encouraged to provide additional information that may assist the court in understanding the impact of AI on the legal arguments presented.
III. Court's Response:
  1. Acknowledgment: The court will acknowledge receipt of the notification in the case docket.
  2. Review of AI Impact: The court may assess the impact of AI on the case and may seek further information or clarification from the filer.
  3. Educational Resources: The court may provide resources or guidance to filers on best practices for using AI in legal submissions.
IV. Non-Compliance:
  1. Consequences: Failure to comply with the notification requirement may result in the court disregarding or giving less weight to the AI-generated content, and the filer may be subject to appropriate sanctions at the discretion of the court.
V. Review and Amendment:

This policy will be subject to periodic review, and amendments may be made as necessary to address emerging issues related to AI usage in legal filings.

VI. Effective Date:

This policy shall become effective April 1, 2024 and will apply to all filings made thereafter.

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