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 two linked procedural obligations for parties in civil actions: a disclosure requirement and a verification certification requirement. Any paper or file served that was drafted with the assistance of generative artificial intelligence must include a separate affidavit that both discloses the use of AI and certifies that a human being reviewed the source material and verified the accuracy of the AI-generated content. The obligation is self-executing — no disclosure is required when generative AI was not used.
The definition of generative artificial intelligence is unusually broad, covering virtually any AI or machine learning system rather than limiting itself to large language models or generative content systems. This breadth may capture routine legal research tools, predictive coding platforms, and document review software that courts and practitioners may not typically associate with "generative AI."
(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 adds a sixth mandatory component to the contents of an appellant's brief under CPLR Rule 5528: if Rule 2107 applies, the brief must include a disclosure of generative AI use in its drafting and a certification that the content was reviewed and verified by a human. This provision is the appellate-specific implementation of the general obligation established by Rule 2107, ensuring that the AI disclosure and certification appear as a required structural element of the brief itself rather than only as 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 staged implementation or phased obligations are specified.