In one paragraph
New York's A 9097 would add CPLR Rule 2107 and Criminal Procedure Law § 10.50 on generative AI in legal drafting. No paper or file could be drafted using generative AI without the informed consent of the client (or defendant) after a warning of its dangers. A GenAI-assisted filing would need a separate affidavit disclosing the use and certifying human review, including case citations; other filings would need an affidavit saying none was used. Would take effect on the ninetieth day after it becomes law. Referred to Judiciary September 12, 2025 (and January 7, 2026); it has not passed either chamber.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None yet: the bill is pending. If enacted, every paper filed in New York civil and criminal courts would need an affidavit stating whether generative AI was used, and GenAI drafting would require the client's or defendant's informed consent.
Key provisions
- Adds CPLR Rule 2107 (civil) and Criminal Procedure Law § 10.50 (criminal), "Use of generative artificial intelligence"
- Each court must inform all counsel and pro se litigants (or defendants) of the "dangers of using generative artificial intelligence" and of the rule's requirements
- No paper or file may be drafted using generative AI without "the informed consent of the client" (or defendant) after being warned of the dangers
- A paper or file drafted with GenAI assistance must attach a separate affidavit disclosing the use and certifying that a human reviewed the source material and verified accuracy, including case citations
- A paper or file drafted without GenAI must attach a separate affidavit stating so; CPLR 5528(a) is amended to require the same disclosure for appellate briefs if Rule 2107 requires it
- No sanctions are stated; would take effect on the ninetieth day after it becomes law
Latest legislative action
Jan 7, 2026. REFERRED TO JUDICIARY
Sponsors
| Name | Role |
|---|---|
| GOTTFRIED R | Primary |
| Keith Brown R | Primary |
| Michaelle C. Solages D | Primary |
| STECK | Primary |
| Joe DeStefano R | Cosponsor |
Topics and industries
Related topics
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error