Evidence,
Technology
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.
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...
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