WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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 Certification of filings produced 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: 1. 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; 2. 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; 3. an artificial system designed to think or act like a human, including cognitive architectures and neural networks; 4. a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or 5. 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(b). Any paper or file served that was 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: 1. 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; 2. 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; 3. an artificial system designed to think or act like a human, including cognitive architectures and neural networks; 4. a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or 5. 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(b) 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.
(b) For the purposes of this section, \"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: 1. 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; 2. 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; 3. an artificial system designed to think or act like a human, including cognitive architectures and neural networks; 4. a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or 5. 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(b)\" 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: 1. 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; 2. 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; 3. an artificial system designed to think or act like a human, including cognitive architectures and neural networks; 4. a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or 5. 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.
(c) Where no 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: 1. 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; 2. 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; 3. an artificial system designed to think or act like a human, including cognitive architectures and neural networks; 4. a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or 5. 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(b) was used in the drafting of a paper or file, no disclosure is required under this rule.
New Rule 2107 creates a procedural obligation for litigants in civil actions who use generative AI to draft any paper or filing. The core requirement is twofold: the filer must attach a separate affidavit (1) disclosing the use of generative AI and (2) certifying that a human being has reviewed the source material and verified the accuracy of the AI-generated content. The affidavit requirement is triggered by any use of generative AI in drafting — not limited to entire documents produced by AI.
The definition of generative artificial intelligence in subdivision (b) is notably broad, encompassing virtually any machine learning, AI, or algorithmic system rather than being narrowly scoped to large language models or text-generation tools. Subdivision (c) provides a safe harbor: no disclosure is required where no generative AI was used in drafting.
(a)(6) 2 6. if required by rule 2107, 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: 1. 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; 2. 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; 3. an artificial system designed to think or act like a human, including cognitive architectures and neural networks; 4. a set of techniques, including machine learning, that is designed to approximate a cognitive task; and/or 5. 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(b) in the drafting of the brief and certification that the content therein was reviewed and verified by a human.
Section 2 of the bill amends the existing requirements for appellant briefs under CPLR Rule 5528(a) to add a sixth mandatory component: if Rule 2107 applies, the brief must include a disclosure of the use of generative artificial intelligence in its drafting and a certification that the content was reviewed and verified by a human. This extends the affidavit requirement from Rule 2107 into the specific context of appellate practice, ensuring it appears as a formal element of the brief itself.
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 set — the effective date depends on the date of enactment.