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Bill

S 9794

Relates to requiring disclosure of use of generative artificial intelligence in a civil action

2025 Regular Session Introduced by Luis Sepúlveda

Requires disclosure and a human-verified affidavit if any civil filing or appellate brief was drafted with generative AI.

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Bill Summary · S 9794

Overview

Bill S. 9794 (2025-2026, New York) would require disclosure when generative artificial intelligence (GAI) is used in drafting filings in civil actions. It adds a new Rule 2107 to the Civil Practice Law and Rules (CPLR) mandating a certification and affidavit attestation that a human reviewed and verified content produced with GAI. It also expands an appellate filing requirement to include a disclosure and human-verification certification if GAI was used.

Purpose and intent

  • Ensure transparency in civil litigation by requiring parties to disclose the use of generative AI in drafting filings.
  • Promote accountability by requiring a human reviewer to verify the accuracy of AI-generated material before submission.

Key provisions

New CPLR Rule 2107 (a)–(c)

  • (a) Certification requirement: Any paper or file served that was drafted with the assistance of generative AI must attach a separate affidavit disclosing the use and certifying that a human has reviewed the source material and verified the AI-generated content for accuracy.
  • (b) Definition: Provides a broad definition of “generative artificial intelligence,” encompassing:
    • Machine learning, software, automation, and algorithms that perform tasks, learn from data, or make predictions.
    • Systems that operate under varying/unpredictable circumstances with limited human oversight.
    • AI systems that solve tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.
    • Neural networks and cognitive architectures, as well as techniques designed to approximate cognitive tasks.
    • Intelligent agents or embodied robots that pursue goals using perception, planning, reasoning, learning, communication, decision-making, and action.
  • (c) Non-use exception: If no GAI was used in drafting, no disclosure is required.

Amendments to CPLR 5528 (Appellate Briefs)

  • Adds new ¶ 6 to existing CPLR 5528(a)(4)–(a)(5) addressing appellate briefs:
    • Paragraph 4 and 5 remain related to the structure of appellate briefs (argument and appendix).
    • New Paragraph 6 requires, if applicable under Rule 2107, a disclosure of the use of GAI in drafting the brief and a certification that content was reviewed and verified by a human.

Affected parties and materials

  • Civil litigants and their counsel filing court papers in New York civil actions.
  • Appellate litigants filing briefs (potentially including the disclosure and certification in the record on appeal).
  • Court system staff reviewing filings for compliance with the new disclosure requirements.

Procedural and timeline aspects

  • Effective date: The act specifies that it takes effect on the ninetieth day after enactment.
  • Implementation: Requires the judiciary and parties to adhere to new disclosure and certification requirements when GAI is used.

Practical impact and considerations

  • Compliance burden: Filers must assess whether any portion of a filing was created or assisted by GAI and, if so, prepare a separate affidavit disclosing usage and attesting human verification.
  • Verification standard: The bill requires a human to review source material and verify the accuracy of AI-generated content, which may entail additional due diligence and potential challenges in proving review.
  • Appellate practice: If GAI is used for briefs or appended materials, the new paragraph 6 adds a disclosure requirement at the appellate level, potentially affecting how records are prepared for appeal.
  • Enforcement and penalties: The text provided does not specify penalties for non-compliance; enforcement details would likely be governed by existing CPLR sanctions for false statements or improper filings.

Summary

S. 9794 seeks to introduce transparency around the use of generative AI in civil litigation by mandating a disclosure and human verification affidavit for any filing drafted with GAI. It defines GAI broadly, clarifies when disclosure is required, and extends the disclosure/certification requirement to appellate briefs when applicable. The act is scheduled to take effect 90 days after enactment.

Compiled from official sources — confirm details with the bill’s official record.

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