Starting from Monday, October 21, 2024, attorneys and pro se litigants submitting documents to the Butler County Court of Common Pleas in Pennsylvania will be required to append an "Affidavit Regarding Generative Artificial Intelligence" to their filings. This new order, aimed at recognizing and addressing the growing influence of generative AI, mandates that individuals confirm their awareness and verification of the content produced, effectively ensuring the human oversight of legal documents.
This requirement originates from an Administrative Order issued by President Judge S. Michael Yeager on September 10, 2024, and was officially published in the Pennsylvania Bulletin on September 21, 2024. The order applies broadly to any legal documentation, including complaints, answers, motions, briefs, or other court filings.
The Affidavit demands that those submitting documents explicitly disclose whether generative AI was utilised in their preparation. If AI was used, the document's filer must affirm that all legal and factual citations within the documents have been personally verified by a human to be both authentic and accurate. This requirement ensures that while generative AI can assist in preparing legal documents, the ultimate responsibility and accuracy must lie with the individuals filing the documents.
The form for the Affidavit does not require a notary's acknowledgment, indicating that a signature from legal counsel or the litigant themselves suffices for verification. This new protocol does not outright ban the use of generative AI in document preparation. Rather, it emphasises the importance of the filer remaining accountable for their submissions to the court, underlining the necessity for a human element in verifying content, despite technological tools used in their creation.
This Affidavit requirement emerges amidst a backdrop of concern regarding the accuracy of legal research conducted using generative AI. Given the rise in AI-driven legal research platforms such as Westlaw and Lexis, there remains an ongoing discussion about the potential for inaccuracies or the miscontextualisation of legal precedents by AI. The new order circumvents the need for filers to delve into the intricacies of how such platforms utilise AI, instead demanding a straightforward human verification of legal content.
Another aspect raised by this order is the possibility of disparate requirements across different jurisdictions regarding AI usage disclosures. The lack of a statewide or broader regulatory framework for AI utilisation in legal filings suggests that similar requirements could emerge piecemeal across various jurisdictions, which might lead to inconsistencies in legal practices.
Despite these broader discussions, it is clear that as of the end of October 2024, anyone filing documents with the Butler County Court of Common Pleas will need to include this specific Affidavit, ensuring that responsibility and verification remain firmly in human hands, despite the technological tools employed in document creation. Legal professionals practising in Butler County and other jurisdictions are advised to stay informed about similar potential requirements that could arise elsewhere.
Source: Noah Wire Services