Proposed A.I. Rule in Eastern District of Michigan

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Danielle Ferguson reports in Detroit Federal Courts Propose AI Disclosure Rule – Law360 (Dec. 8, 2023), that: “The Eastern District of Michigan published a proposed rule Friday that would require lawyers to disclose any time they use AI to help them with written filings and verify its citations are real….”  She adds that the rule “would require that a filer disclose the use of generative AI if it is used to compose or draft any paper presented to the court.” The article provides a brief summary of several rules proposals and standing orders in other jurisdictions.  The Eastern District of Michigan is accepting comments through January 19thId.

I have discussed the varying approaches in Should Courts Use Standing Orders or Local Rules to Address A.I.?

The Eastern District of Michigan’s Notice of Proposed Amendments  is posted on the court’s website.  It states: “At their regular meeting on December 4, 2023, the Judges of the United States District Court for the Eastern District of Michigan approved for publication and comment amendments to” several Local Rules.   Proposed Local Rule 5.1(a)(4) would state:

(4) Disclosing Use of Artificial Intelligence.

(A) “Artificial intelligence” or “AI” means the capability of computer systems or algorithms to imitate intelligent human behavior.

(B) “Generative artificial intelligence” or “Generative AI” means artificial intelligence that is capable of generating new content (such as images or text) in response to a submitted prompt (such as a query) by learning from a large reference database of examples.

(C) If generative AI is used to compose or draft any paper presented for filing, the filer must disclose its use and attest that citations of authority have been verified by a human being by using print volumes or traditional legal databases and that the language in the paper has been checked for accuracy by the filer.

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This blog was initially posted on  Electronic Discovery Reference Model.