Laws & Statutes › NY › NY-A-09097
A-09097
NY · State · USA
NY
USA
● Pending
Proposed Effective Date
2026-03-12
New York Assembly Bill 9097 — An Act to amend the civil practice law and rules and the criminal procedure law, in relation to requiring disclosure of use of generative artificial intelligence
Requires attorneys, pro se litigants, and pro se defendants in New York civil and criminal proceedings to disclose whether generative AI was used in drafting any paper or file submitted to a court. Every filing must be accompanied by an affidavit either disclosing AI use and certifying human review of accuracy, or affirming that AI was not used. Attorneys may not use generative AI to draft filings without first obtaining informed consent from the client (civil) or defendant (criminal) after warning them of the dangers. Courts are required to inform all counsel and pro se parties about the dangers of using generative AI and the requirements of the rule. No specific penalty or enforcement mechanism is created; compliance would be enforced through existing judicial oversight.
Passage Likelihood
Low
Chamber No passage
Committee No action
Majority party No
Bipartisan No
Prior session None
Legislative History
2025-09-12 committee referral referred to judiciary
2026-01-07 committee referral referred to judiciary
Mapped Requirements
T-01 AI Identity Disclosure
Official Sources
Full Text ↗
Entry Last Reviewed
2026-03-28
AI generated
Summary

Requires attorneys, pro se litigants, and pro se defendants in New York civil and criminal proceedings to disclose whether generative AI was used in drafting any paper or file submitted to a court. Every filing must be accompanied by an affidavit either disclosing AI use and certifying human review of accuracy, or affirming that AI was not used. Attorneys may not use generative AI to draft filings without first obtaining informed consent from the client (civil) or defendant (criminal) after warning them of the dangers. Courts are required to inform all counsel and pro se parties about the dangers of using generative AI and the requirements of the rule. No specific penalty or enforcement mechanism is created; compliance would be enforced through existing judicial oversight.

Enforcement & Penalties
Enforcement Authority
Enforcement is through court oversight and existing judicial disciplinary mechanisms. The statute imposes obligations on courts to inform counsel and litigants of the rule's requirements, and requires affidavits accompanying filings. No designated agency enforcer. No private right of action is created. Violations would presumably be addressed through judicial sanctions, contempt, or professional disciplinary proceedings under existing court rules.
Penalties
The statute does not specify monetary penalties, damages, or remedies. Enforcement would be through existing judicial mechanisms such as sanctions, contempt, or disciplinary proceedings.
Who Is Covered
Compliance Obligations 7 obligations · click obligation ID to open requirement page
Other · General Consumer App
CPLR Rule 2107(b)
Plain Language
Courts must proactively notify all attorneys and self-represented litigants about the risks of using generative AI for legal research, document review, and document drafting, and must inform them of the disclosure and certification requirements under this rule. This is a procedural obligation on courts themselves, not on AI developers or deployers.
Statutory Text
Each court shall inform all counsel and pro se litigants that of the dangers of using generative artificial intelligence in performing legal research, document review, and document creation and inform such persons of the requirements of this rule.
Other · Professional · General Consumer App
CPLR Rule 2107(c)
Plain Language
Before using generative AI to draft any court filing — including using AI to conduct legal research or review documents — counsel must first warn the client about the dangers of using AI for these purposes and obtain the client's informed consent. This applies to all civil proceedings. The consent requirement cannot be satisfied by general engagement letter language; the client must be specifically warned about AI-related risks.
Statutory Text
No paper or file shall be drafted with the use of generative artificial intelligence without the informed consent of the client after being warned of the dangers of using generative artificial intelligence in performing legal research, document review, and document creation.
T-01 AI Identity Disclosure · T-01.1 · Professional · General Consumer App
CPLR Rule 2107(d)-(e)
Plain Language
Every civil filing must include a separate affidavit addressing generative AI use. If AI was used in drafting — including for research, document review, or content creation — the affidavit must disclose that use and certify that a human reviewed all source material and verified accuracy of all AI-generated content, including case citations. If AI was not used, the filing must still include an affidavit affirmatively stating that. This is a universal affidavit requirement: there is no filing that can be submitted without one or the other affidavit attached.
Statutory Text
(d) Any paper or file drafted with the assistance of generative artificial intelligence must attach to the filing a separate affidavit disclosing such use and certifying that a human being has reviewed the source material and verified that the artificially generated content is accurate including, but not limited to, any case citations. (e) Any paper or file drafted without the assistance of generative artificial intelligence must attach to the filing a separate affidavit stating such.
Other · Professional · General Consumer App
CPLR Rule 5528(a)(6)
Plain Language
Appellate briefs must include, as a required component of the brief itself, the AI disclosure and human-review certification required by Rule 2107. This integrates the AI disclosure obligation into the formal structure of appellate briefs alongside existing requirements such as the statement of questions, argument, and appendix.
Statutory Text
6. if required by rule twenty-one hundred seven, a disclosure of the use of generative artificial intelligence in the drafting of the brief and certification that the content therein was reviewed and verified by a human being.
Other · General Consumer App
CPL § 10.50(2)
Plain Language
In criminal proceedings, courts must proactively inform all defense counsel, prosecutors, and self-represented defendants about the risks of using generative AI for legal work and must explain the disclosure and certification requirements of this section. This mirrors the civil court obligation in CPLR Rule 2107(b).
Statutory Text
Each court shall inform all counsel and pro se defendants that of the dangers of using generative artificial intelligence in performing legal research, document review, and document creation and inform such persons of the requirements of this section.
Other · Professional · General Consumer App
CPL § 10.50(3)
Plain Language
In criminal proceedings, counsel may not use generative AI to draft any filing without first warning the defendant about the dangers of AI use in legal work and obtaining the defendant's informed consent. This is the criminal-side analog to CPLR Rule 2107(c), substituting 'defendant' for 'client.'
Statutory Text
No paper or file shall be drafted with the use of generative artificial intelligence without the informed consent of the defendant after being warned of the dangers of using generative artificial intelligence in performing legal research, document review, and document creation.
T-01 AI Identity Disclosure · T-01.1 · Professional · General Consumer App
CPL § 10.50(4)-(5)
Plain Language
Every filing in a criminal proceeding must include a separate affidavit addressing AI use. If generative AI assisted in drafting — including research or document review — the affidavit must disclose the AI use and certify that a human reviewed all source material and verified the accuracy of AI-generated content, including case citations. If AI was not used, a separate affidavit must affirmatively state that fact. This mirrors the civil filing requirement in CPLR Rule 2107(d)-(e) and applies to all parties in criminal proceedings.
Statutory Text
4. Any paper or file drafted with the assistance of generative artificial intelligence must attach to the filing a separate affidavit disclosing such use and certifying that a human being has reviewed the source material and verified that the artificially generated content is accurate including, but not limited to, any case citations. 5. Any paper or file drafted without the assistance of generative artificial intelligence must attach to the filing a separate affidavit stating such.