Extract from Brian Lee’s article, “New York Judges Get Fresh Guidance on AI-Generated Errors in Court Papers.”
The new rule specifically covers motion papers, briefs and pleadings, but excludes materials proffered as evidence. The statewide uniform floor permits generative AI use without standalone disclosure, but places the ultimate burden of accuracy squarely on attorneys.
The New York State Unified Court System recently issued 22 NYCRR Part 161, a long-awaited rule on attorney use of generative artificial intelligence in legal drafting, and it gives courts teeth to deal with hallucinations.
It green-lit civil and criminal practitioners to do so without mandatory standalone disclosure, but makes them squarely responsible if the technology generates false cases, fabricated facts or nonexistent legal doctrines.
The June 1-enacted regulation strictly places the final burden on lawyers to independently verify the authenticity of facts and citations.
While Part 161 establishes a uniform statewide floor, it introduces a discretionary “Model Rule” that individual judges may adopt.
