The New York State Unified Court System (“UCS”) has issued its first formal policy governing the use of artificial intelligence (“AI”) by judges and court employees. The guidance establishes guardrails for the responsible and ethical use of AI in court-related work and reflects the judiciary’s growing focus on AI in the legal system.
This development highlights the increasing regulation of AI in litigation, particularly in New York courts, as institutions define how AI may be used in legal and judicial processes.
Key Provisions of the UCS AI Policy
The UCS policy permits limited use of AI tools for tasks such as drafting documents, generating ideas, and summarizing materials. However, it emphasizes strict requirements for confidentiality, accuracy, and human oversight.
Importantly, the policy warns that information entered into public AI platforms may be stored or used for model training. As a result, users should assume that non-private AI systems may expose submitted information.
To address these risks, court personnel are prohibited from entering confidential, sensitive, or filed court documents into non-approved AI systems. Only approved private AI platforms may be used in limited circumstances.
Human Oversight and Compliance Requirements
While the policy applies directly to judges and court employees, it provides broader insight into how courts are thinking about AI use in litigation.
UCS makes clear that AI is a support tool, not a replacement for legal judgment. Any AI-assisted output must be reviewed for accuracy, bias, and confidentiality compliance. UCS has also implemented mandatory AI training and approved select internal platforms for use.
Why This Matters
The UCS guidance reflects a broader shift toward structured regulation of AI in litigation. Courts are increasingly focused on ensuring that AI improves efficiency without compromising accuracy, ethics, or confidentiality.
For attorneys and litigants, this reinforces that AI-generated content must be independently verified and cannot replace professional judgment.
In addition, the New York State Legislature is considering amending the Civil Practice Law and Rules (“CPLR”) with Senate Bill S2698 (the “Bill”). The Bill would require that an affidavit be submitted disclosing the use of generative AI in court filings and certify that a human reviewed and verified the content. Although not yet enacted, it signals a growing trend toward formal AI regulation and transparency in litigation.
As courts and lawmakers continue to shape rules around AI, legal practitioners must stay informed about evolving standards governing AI use in litigation and court filings.
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Newman & Lickstein, LLP has served as trusted legal counsel in Central New York for more than fifty years. Our firm advises clients in business, corporate, commercial real estate, litigation, and emerging technology matters, including AI regulation and its impact on legal practice. We closely monitor developments in AI policy and litigation trends to help clients navigate risk and compliance in a rapidly evolving environment.
