New York / Rules and policy
Advisory Committee on AI and the Courts: Annual Report
2025 Annual Report, Appendix 4, memorandum of October 24, 2025
What the text addresses
The Advisory Committee’s annual report includes a memorandum to the Administrative Board explaining its proposed policy and model rule for generative AI in court papers. The memorandum places the duty to correct false or fictitious material within the responsibilities that already accompany a signed submission.
The committee recommended certification through signing rather than a ban or disclosure requirement. These passages are recommendations in the report, not the adopted text of Part 161. The report was released with a court system news release on January 8, 2026; the policy was later adopted through AO/75/2026.
From the official text
“in the AI Advisory Committee’s view, it is not necessary to create a novel rule imposing a new duty or requirement on attorneys or litigants relating to the use of generative AI in preparing court papers.”
“the best way to combat AI-generated hallucinations in court filings is not through the imposition of a ban on AI use or a disclosure requirement, but rather through a certification, implicit in the act of signing the paper, that the paper does not contain any false or fictitious material”
“Attorneys and parties need only be aware of their existing responsibility to review the document being submitted and correct any false and fictitious material appearing therein.”