This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Technology,
Evidence

Dec. 15, 2023

Roadmap to courts’ review and acceptance of AI-generated evidence

To determine how courts are likely to consider AI-generated evidence, the evolution of the use of Wikipedia in judicial opinions may be illustrative.

Laura Lin

Partner Simpson Thacher & Bartlett LLP

Rachel June-Graber

Associate Simpson Thacher & Bartlett LLP

The rising popularity of AI means it is only a question of when, not if, courts will need to consider whether and how to allow evidence created or aggregated using generative AI tools. In tort litigation, for example, AI-generated evidence could include ChatGPT responses to queries about what a “reasonable person” would know or expect in particular circumstances. As another example, parties involved in a trademark dispute might prepare ChatGPT-generated responses abo...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails