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 establishes a disclosure-and-certification requirement for any paper or file served in a civil action that was drafted with the assistance of generative artificial intelligence. The filing party must attach a separate affidavit disclosing AI use and certifying that a human reviewed the source material and verified the AI-generated content for accuracy. The obligation runs to any litigant or attorney who uses AI assistance in drafting — not to the AI developer or platform.
The definition of generative artificial intelligence in subdivision (b) is unusually broad, extending well beyond generative text models to encompass essentially any machine-learning system, intelligent software agent, or cognitive-task-approximating technique. Subdivision (c) clarifies that no disclosure is required where no generative AI was used.
(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.
This amendment to Rule 5528 adds a sixth mandatory component to the appellant's brief: if Rule 2107 applies, the brief must include a disclosure of generative AI use in drafting and certification that a human reviewed and verified the content. This extends the general filing-certification obligation of Rule 2107 into the specific formatting requirements for appellate briefs, ensuring the disclosure appears as a distinct, identifiable section of the brief rather than being buried in an attachment.
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 provided because the bill has not yet been enacted.