FW: New Rule from NYS Unified Court System Regarding AI

FYI

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From: Sarah Phillips
Sent: Friday, June 19, 2026 9:40 AM
To: Firm
Subject: FW: New Rule from NYS Unified Court System Regarding AI

From: NYSBA Commercial & Federal Litigation Section >
Sent: Monday, June 1, 2026 10:31 AM
To: Sarah Phillips >
Subject: New Rule from NYS Unified Court System Regarding AI

Effective June 1, 2026, the New York State Unified Court System has adopted a new rule regarding the use of Artificial Intelligence

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Attention: Effective June 1, 2026, the New York State Unified Court System has adopted a new rule regarding the use of Artificial Intelligence

Please be advised that, effective today June 1st, the New York State Unified Court System has adopted a new rule, Part 161, regulating the use of Artificial Intelligence (“AI”) by attorneys in the New York State courts. The new rule permits the use of AI tools in preparing submissions to the court and does not mandate disclosure of its use. However, it provides that attorneys using such tools are “required to carefully review the paper and independently ensure” that their AI-assisted submissions do not contain “fabricated or fictitious cases, statutes, or other material.” The rule is grounded in 22 NYCRR Sec. 130-1.1 and Rule 3.3 of the New York Rules of Professional Conduct, which prohibit attorneys from making a “false material factual statement” to the court or making “a frivolous legal argument.”

In light of this new rule, New York litigators should consider whether they are taking the necessary steps to ensure the veracity of AI-assisted submissions and whether similar diligence is warranted for attorney work product used in connections with depositions, where such materials are later incorporated into court submissions. New York litigators utilizing AI tools should be aware that even a single AI-generated falsehood in a court filing can expose them to sanctions, fee-shifting, and/or potential disciplinary action. Although Part 161 applies statewide, individual judges retain discretion to implement their own AI-related rules, adopt the model rule set forth in Part 161, or impose no additional requirements through their part rules.

For a more complete list of New York State Unified Court System Rules and Amendments, please click on the button below:

NYS Unified Court System Rules-Amendments

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