Preparing the requested public record.
Preparing the requested public record.
CC New York · Oct 10, 2024
Outcome: AI-assisted Evidence Inadmissible; Affirmative Duty to Disclose AI Use for Evidence Established.. AI UseIn a trust accounting proceeding, the objectant's damages expert testified that he used Microsoft Copilot (described as an AI chatbot) to cross-check his damages calculations presented in a supplemental report.Hallucination DetailsThe issue wasn't fabricated citations, but the reliability and verifiability of the AI's calculation process. The expert could not recall the specific prompts used, nor could he explain Copilot's underlying sources or methodology.…
Outcome: AI-assisted Evidence Inadmissible; Affirmative Duty to Disclose
for Evidence Established..
In a trust accounting proceeding, the objectant's damages expert testified that he used Microsoft Copilot (described as an AI chatbot) to cross-check his damages calculations presented in a supplemental report.
The issue wasn't fabricated citations, but the reliability and verifiability of the AI's calculation process. The expert could not recall the specific prompts used, nor could he explain Copilot's underlying sources or methodology. He claimed using AI tools was generally accepted in his field but offered no proof.
The court had already found the expert's analysis unreliable on other grounds, but specifically addressed the AI use. The court attempted to replicate the expert's results using Copilot itself, obtaining different outputs and eliciting warnings from Copilot about the need for expert verification before court use. The court held, potentially as an issue of first impression in that court, that counsel has an affirmative duty to disclose the use of AI in generating evidence prior to its introduction, due to AI's rapid evolution and reliability issues. AI-generated evidence would be subject to a Frye hearing (standard for admissibility of scientific evidence in NY). The expert's AI-assisted calculations were deemed inadmissible.
The court emphasized the "garbage in, garbage out" principle, stressing the need for users to understand AI inputs and processes. It stated that the mere fact AI is used does not make its output admissible; reliability must be established. The lack of transparency regarding the AI's process was a key factor in finding the evidence unreliable.
Disclose any AI-assisted evidence before offering it — undisclosed use triggers Frye hearings and automatic exclusion.
MS Copilot is recorded in the source dataset; confirm the basis in the linked document.
AI-assisted Evidence Inadmissible; Affirmative Duty to Disclose AI Use for Evidence Established.
Correction behavior is not separately verified in the current record.
Related by court, jurisdiction, tool, or classified failure pattern. Similarity does not imply the same facts or outcome.