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Civil Litigation,
Technology

Sep. 21, 2023

And the sponsoring witness is ChatGPT: generative AI as an evidentiary tool in court

There are safeguards that can be put into place to protect against AI-created misinformation or misleading the judge or jury as to the origin of the evidence. For example, experts or counsel may be duty-bound to inform the court when AI has been used to generate evidence presented.

Laura Lin

Partner
Simpson Thacher & Bartlett LLP

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Rachel June-Graber

Associate
Simpson Thacher & Bartlett LLP

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Popular generative AI tools can now create complicated written and visual works – including trial exhibits and demonstratives if courts allow it. Lawyers and the general public are increasingly aware of AI’s ability to create complex works such as essays, poems, summaries of written works, and detailed images conditioned on certain text descriptions or parameters. AI tools can mimic the style and form of other creative works and are trained on vast amounts of online ...

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