S T A T E O F N E W Y O R K
________________________________________________________________________
9097
2025-2026 Regular Sessions
I N A S S E M B L Y
September 12, 2025
___________
Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the civil practice law and rules and the criminal proce-
dure law, in relation to requiring disclosure of use of generative
artificial intelligence
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. USE OF GENERATIVE ARTIFICIAL INTELLIGENCE. (A) FOR THE
PURPOSES OF THIS SECTION:
1. "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:
(A) 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;
(B) 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;
(C) AN ARTIFICIAL SYSTEM DESIGNED TO THINK OR ACT LIKE A HUMAN,
INCLUDING COGNITIVE ARCHITECTURES AND NEURAL NETWORKS;
(D) A SET OF TECHNIQUES, INCLUDING MACHINE LEARNING, THAT IS DESIGNED
TO APPROXIMATE A COGNITIVE TASK; AND/OR
(E) 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-MAK-
ING, AND ACTING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13617-01-5
A. 9097 2
2. "DRAFTING" SHALL MEAN THE SUBSTANTIVE PROCESS OF CREATING A PAPER
OR FILE WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CONDUCTING RESEARCH,
PERFORMING DOCUMENT REVIEW, AND/OR CREATING A PAPER OR FILE.
(B) EACH COURT SHALL INFORM ALL COUNSEL AND PRO SE LITIGANTS THAT OF
THE DANGERS OF USING GENERATIVE ARTIFICIAL INTELLIGENCE IN PERFORMING
LEGAL RESEARCH, DOCUMENT REVIEW, AND DOCUMENT CREATION AND INFORM SUCH
PERSONS OF THE REQUIREMENTS OF THIS RULE.
(C) NO PAPER OR FILE SHALL BE DRAFTED WITH THE USE OF GENERATIVE ARTI-
FICIAL INTELLIGENCE WITHOUT THE INFORMED CONSENT OF THE CLIENT AFTER
BEING WARNED OF THE DANGERS OF USING GENERATIVE ARTIFICIAL INTELLIGENCE
IN PERFORMING LEGAL RESEARCH, DOCUMENT REVIEW, AND DOCUMENT CREATION.
(D) ANY PAPER OR FILE DRAFTED WITH THE ASSISTANCE OF GENERATIVE ARTI-
FICIAL 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 ARTIFICIALLY GENERATED CONTENT IS
ACCURATE INCLUDING, BUT NOT LIMITED TO, ANY CASE CITATIONS.
(E) ANY PAPER OR FILE DRAFTED WITHOUT THE ASSISTANCE OF GENERATIVE
ARTIFICIAL INTELLIGENCE MUST ATTACH TO THE FILING A SEPARATE AFFIDAVIT
STATING SUCH.
§ 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 TWENTY-ONE HUNDRED SEVEN, 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 BEING.
§ 3. The criminal procedure law is amended by adding a new section
10.50 to read as follows:
§ 10.50 USE OF GENERATIVE ARTIFICIAL INTELLIGENCE.
1. FOR THE PURPOSES OF THIS SECTION:
(A) "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:
(I) 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;
(II) 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;
(III) AN ARTIFICIAL SYSTEM DESIGNED TO THINK OR ACT LIKE A HUMAN,
INCLUDING COGNITIVE ARCHITECTURES AND NEURAL NETWORKS;
A. 9097 3
(IV) A SET OF TECHNIQUES, INCLUDING MACHINE LEARNING, THAT IS DESIGNED
TO APPROXIMATE A COGNITIVE TASK; AND/OR
(V) 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-MAK-
ING, AND ACTING.
(B) "DRAFTING" SHALL MEAN THE SUBSTANTIVE PROCESS OF CREATING A PAPER
OR FILE WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CONDUCTING RESEARCH,
PERFORMING DOCUMENT REVIEW, AND/OR CREATING A PAPER OR FILE.
2. EACH COURT SHALL INFORM ALL COUNSEL AND PRO SE DEFENDANTS THAT OF
THE DANGERS OF USING GENERATIVE ARTIFICIAL INTELLIGENCE IN PERFORMING
LEGAL RESEARCH, DOCUMENT REVIEW, AND DOCUMENT CREATION AND INFORM SUCH
PERSONS OF THE REQUIREMENTS OF THIS SECTION.
3. NO PAPER OR FILE SHALL BE DRAFTED WITH THE USE OF GENERATIVE ARTI-
FICIAL INTELLIGENCE WITHOUT THE INFORMED CONSENT OF THE DEFENDANT AFTER
BEING WARNED OF THE DANGERS OF USING GENERATIVE ARTIFICIAL INTELLIGENCE
IN PERFORMING LEGAL RESEARCH, DOCUMENT REVIEW, AND DOCUMENT CREATION.
4. ANY PAPER OR FILE DRAFTED WITH THE ASSISTANCE OF GENERATIVE ARTIFI-
CIAL 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 ARTIFICIALLY GENERATED CONTENT IS
ACCURATE INCLUDING, BUT NOT LIMITED TO, ANY CASE CITATIONS.
5. ANY PAPER OR FILE DRAFTED WITHOUT THE ASSISTANCE OF GENERATIVE
ARTIFICIAL INTELLIGENCE MUST ATTACH TO THE FILING A SEPARATE AFFIDAVIT
STATING SUCH.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.