Source: New York State Bar Association

Effective June 1, 2026, the New York State Unified Court System adopted Part 161, a new rule regulating attorneys' use of Artificial Intelligence (AI) in New York State courts. The rule permits attorneys to use AI tools in preparing court submissions and does not require disclosure of AI use. It expressly requires attorneys who use AI to carefully review their filings and independently ensure those 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 bar making a false material factual statement to the court or presenting a frivolous legal argument.

New York litigators are advised to evaluate whether they are taking necessary steps to verify AI-assisted submissions and whether similar diligence is needed for attorney work product used during depositions that later become part of court filings. The guidance warns that even a single AI-generated falsehood in a court filing can expose attorneys to sanctions, fee-shifting, and/or potential disciplinary action. Although Part 161 applies statewide, individual judges may adopt their own AI-related part rules, implement the model rule from Part 161, or impose no additional requirements.