S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8546
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2025
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to requir-
   ing disclosure of use of generative artificial intelligence in a civil
   action
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 rule 2107 to read as follows:
   RULE 2107. (A) CERTIFICATION  OF  FILINGS  PRODUCED  USING  GENERATIVE
 ARTIFICIAL  INTELLIGENCE. ANY PAPER OR FILE SERVED THAT WAS DRAFTED WITH
 THE ASSISTANCE OF GENERATIVE ARTIFICIAL INTELLIGENCE 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 ARTI-
 FICIALLY GENERATED CONTENT IS ACCURATE.
   (B) FOR THE PURPOSES OF THIS SECTION, "GENERATIVE ARTIFICIAL  INTELLI-
 GENCE"  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 UNPRE-
 DICTABLE 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 HARD-
 WARE,  OR  OTHER  CONTEXT THAT SOLVES TASKS REQUIRING HUMAN-LIKE PERCEP-
 TION, COGNITION, PLANNING, LEARNING, COMMUNICATION, OR PHYSICAL ACTION;
   3. AN ARTIFICIAL SYSTEM DESIGNED TO THINK OR ACT LIKE A HUMAN, INCLUD-
 ING COGNITIVE ARCHITECTURES AND NEURAL NETWORKS;
   4. A SET OF TECHNIQUES, INCLUDING MACHINE LEARNING, THAT  IS  DESIGNED
 TO APPROXIMATE A COGNITIVE TASK; AND/OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06121-01-5
 A. 8546                             2
              

 
   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 INTELLIGENCE WAS USED IN THE DRAFT-
 ING OF A PAPER OR FILE, NO DISCLOSURE IS REQUIRED UNDER THIS RULE.
   §  2.  Paragraphs 4 and 5 of subdivision (a) of rule 5528 of the civil
 practice law and rules, paragraph 5 as amended by  chapter  730  of  the
 laws  of  1963,  are  amended  and a new paragraph 6 is added to read as
 follows:
   4. the argument for the appellant, which shall be divided into  points
 by appropriate headings distinctively printed; [and]
   5.  an  appendix,  which may be bound separately, containing only such
 parts of the record on appeal as are necessary to consider the questions
 involved, including those parts the appellant reasonably assumes will be
 relied upon by the respondent; provided,  however,  that  the  appellate
 division  in  each  department  may by rule applicable in the department
 authorize an appellant at [his] THE APPELLANT'S election to proceed upon
 a record on appeal printed or reproduced in like manner as an  appendix,
 and  in the event of such election an appendix shall not be required[.];
 AND
   6. IF REQUIRED BY RULE 2107, A DISCLOSURE OF  THE  USE  OF  GENERATIVE
 ARTIFICIAL  INTELLIGENCE  IN THE DRAFTING OF THE BRIEF AND CERTIFICATION
 THAT THE CONTENT THEREIN WAS REVIEWED AND VERIFIED BY A HUMAN.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.