As artificial intelligence, including generative AI, becomes increasingly common in litigation, judges across the United States are working to establish guidelines to prevent its misuse in court. Since Judge Brantley Starr of the Northern District of Texas issued the first standing order on AI in legal filings in 2023, more than 200 state and federal judges have followed suit, creating new standing orders, local rules, and pretrial guidance to address AI use and its potential pitfalls. Just last month, the newly established Texas Business Court included a caution on AI in its inaugural Local Rules.
This rapidly shifting landscape reflects judges’ efforts to address both the opportunities and challenges that AI presents. However, no uniform approach has yet emerged, with judges charting individual courses in their courtrooms and some broadening their orders to cover evidentiary concerns amid growing fears of deep fake evidence. While some judges are exploring ways to integrate AI responsibly, their primary focus remains on curbing its misuse. Practitioners should stay informed, as courts continue to adapt to this evolving frontier.
References:
Litigators Must Do Court-by -Court Homework as AI Rules Flourish.
A Look Ahead, Updates in Litigation to Watch
Guidance for Use of AI and Generative AI in Courts
Preliminary Guidelines on the Use of Artificial Intelligence -New Jersey
ABA Issues First Ethics Guidance on a lawyer’s use of AI tools