New York’s Part 161 Will Reshape AI Use in Depositions | Esquire Deposition Solutions, LLC

Starting from June 1, New York lawyers must carefully use artificial intelligence (AI) in court submissions, ensuring they are free from incorrect facts and fabrications.
New Part 161 on the use of AI tools allows attorneys to use these tools for court submissions but requires them to understand the tool’s capabilities and limitations and ensure they verify AI-generated facts and citations.
Every attorney who uses AI in preparing any legal document and signs it assumes full responsibility for every word, even if errors are introduced by AI (“hallucinated citations”), which can affect both ethical and legal obligations.
Part 161’s provisions also extend to all AI-assisted preparations for depositions. While AI may help draft deposition outlines and summarize transcripts before filing, the verification remains with the signing attorney once a document is filed with the court.
Local judges have the discretion to apply their own rules concerning AI usage in their jurisdictions, adopt the state’s model rule (Part 161), or choose none at all. If in violation, attorneys could face sanctions.
Practical takeaways for New York litigators include: verification of all AI statements, understanding the work-product scope, and awareness of multiple enforcement avenues due to the interaction between Part 161 and other legal standards.

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