Summary of Bill S 2698

Bill Information

• Bill Number: S 2698
• Title: Relates to requiring disclosure of use of generative artificial intelligence in a civil action
• Status: Committed to Rules
• Introduced: January 22, 2025
• Classification: Bill

Purpose and Intent

Bill S 2698 aims to enhance transparency in civil litigation by mandating the disclosure of any use of generative artificial intelligence (AI) in the preparation or presentation of evidence. The intent is to ensure that all parties involved in a civil action are aware of the potential influence of AI-generated content on the proceedings, thereby promoting fairness and accountability in the judicial process.

Key Provisions

• Disclosure Requirement: The bill requires parties in a civil action to disclose if generative AI was used in creating evidence or legal arguments. This includes any documents, reports, or other materials generated by AI systems.
• Scope of Application: The disclosure applies to all civil actions, ensuring that the use of AI is transparent in various types of cases, including personal injury, contract disputes, and more.
• Penalties for Non-Compliance: The bill outlines potential penalties for parties that fail to disclose the use of generative AI, although specific penalties are not detailed in the summary.

Who Would Be Affected

• Litigants: All parties involved in civil actions will need to comply with the disclosure requirements, which may impact how legal strategies are developed and presented.
• Legal Professionals: Attorneys and legal representatives will need to adapt their practices to ensure compliance with the new disclosure requirements, potentially affecting case preparation and strategy.
• Judicial System: Courts may need to establish new protocols for handling cases involving AI-generated evidence, which could affect case management and judicial resources.

Procedural Timeline

• January 22, 2025: Bill introduced and referred to the Judiciary Committee.
• May 20, 2025: First report calendar (1ST REPORT CAL.1201).
• May 21, 2025: Second report calendar (2ND REPORT CAL.).
• May 22, 2025: Advanced to third reading.
• June 13, 2025: Committed to Rules for further consideration.

Related Bills

• S 9640: A related bill from a prior session that may address similar issues regarding AI in legal contexts.
• A 8546: A companion bill in the Assembly that likely mirrors the provisions of S 2698.

Conclusion

Bill S 2698 represents a significant step towards integrating modern technology into the legal framework, emphasizing the need for transparency regarding the use of generative AI in civil actions. As the bill progresses through the legislative process, its implications for the legal community and the judicial system will become clearer.