How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)(1)–(2) For the purposes of this section: 1. "generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (A) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (B) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (C) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (D) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (E) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.CPLR Rule 2107(a)(1)" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (A) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (B) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (C) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (D) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (E) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting. 2. "draftingdrafting"drafting" shall mean the substantive process of creating a paper or file which shall include, but not be limited to, conducting research, performing document review, and/or creating a paper or file.CPLR Rule 2107(a)(2)" shall mean the substantive process of creating a paper or file which shall include, but not be limited to, conducting research, performing document review, and/or creating a paper or file.
(b) 1 Each court shall inform all counsel and pro se litigants that of the dangers of using generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (A) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (B) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (C) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (D) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (E) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.CPLR Rule 2107(a)(1) in performing legal research, document review, and document creation and inform such persons of the requirements of this rule.
(c) 2 No paper or file shall be drafted with the use of generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (A) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (B) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (C) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (D) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (E) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.CPLR Rule 2107(a)(1) without the informed consent of the client after being warned of the dangers of using generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (A) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (B) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (C) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (D) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (E) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.CPLR Rule 2107(a)(1) in performing legal research, document review, and document creation.
(d) 3 Any paper or file drafted with the assistance of generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (A) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (B) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (C) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (D) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (E) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.CPLR Rule 2107(a)(1) 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) 4 Any paper or file drafted without the assistance of generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (A) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (B) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (C) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (D) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (E) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.CPLR Rule 2107(a)(1) must attach to the filing a separate affidavit stating such.
New Rule 2107 establishes disclosure and consent requirements for the use of generative AI in civil litigation filings. Courts must affirmatively inform counsel and pro se litigants about the dangers of using generative AI for legal work. Attorneys may not use generative AI to draft filings without first obtaining informed consent from the client. Every filing must include an affidavit — either disclosing AI use and certifying human verification of accuracy (including case citations), or affirmatively stating no AI was used.
The definition of generative artificial intelligence is extremely broad, encompassing virtually any AI or machine-learning system. The definition of drafting is similarly expansive, covering research, document review, and document creation — meaning the disclosure obligation is triggered not only by AI-generated text but also by AI-assisted legal research.
(a)(6) 5 if required by rule twenty-one hundred seven, a disclosure of the use of generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (A) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (B) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (C) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (D) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (E) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.CPLR Rule 2107(a)(1) in the drafting of the brief and certification that the content therein was reviewed and verified by a human being.
Section 2 of the bill amends the existing appellate brief content requirements under CPLR Rule 5528 to add a sixth mandatory component: if Rule 2107 requires disclosure, the appellate brief must include a disclosure of generative AI use in drafting the brief and a certification that a human reviewed and verified the content. This extends the Rule 2107 affidavit requirement to the specific context of appellate filings.
(1)(a)–(b) For the purposes of this section: (a) "generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (A) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (B) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (C) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (D) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (E) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.CPLR Rule 2107(a)(1)" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (i) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (ii) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (iii) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (iv) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (v) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting. (b) "draftingdrafting"drafting" shall mean the substantive process of creating a paper or file which shall include, but not be limited to, conducting research, performing document review, and/or creating a paper or file.CPLR Rule 2107(a)(2)" shall mean the substantive process of creating a paper or file which shall include, but not be limited to, conducting research, performing document review, and/or creating a paper or file.
(2) 6 Each court shall inform all counsel and pro se defendants that of the dangers of using generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (A) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (B) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (C) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (D) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (E) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.CPLR Rule 2107(a)(1) in performing legal research, document review, and document creation and inform such persons of the requirements of this section.
(3) 7 No paper or file shall be drafted with the use of generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (A) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (B) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (C) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (D) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (E) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.CPLR Rule 2107(a)(1) without the informed consent of the defendant after being warned of the dangers of using generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (A) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (B) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (C) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (D) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (E) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.CPLR Rule 2107(a)(1) in performing legal research, document review, and document creation.
(4) 8 Any paper or file drafted with the assistance of generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (A) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (B) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (C) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (D) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (E) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.CPLR Rule 2107(a)(1) 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) 9 Any paper or file drafted without the assistance of generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" shall mean the use of machine learning technology, software, automation, and algorithms to perform tasks, to make rules and/or predictions based on existing data sets and instructions, including, but not limited to: (A) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (B) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (C) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (D) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or (E) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.CPLR Rule 2107(a)(1) must attach to the filing a separate affidavit stating such.
Section 3 creates CPL § 10.50, which mirrors CPLR Rule 2107 nearly verbatim but applies in criminal proceedings. Courts must warn counsel and pro se defendants about AI dangers. Defense counsel may not use generative AI to draft filings without informed consent of the defendant. All criminal filings require an affidavit either disclosing AI use (with human accuracy certification) or attesting to non-use. The definition of generative AI and drafting are identical to the civil counterparts.
The only substantive difference from the civil rule is that informed consent must come from the defendant rather than the client, and the court warning obligation runs to pro se defendants rather than pro se litigants.
This act shall take effect on the ninetieth day after it shall have become a law.
The act takes effect on the ninetieth day after it becomes law. No specific calendar date is fixed because the bill has not been enacted.