New York Courts AI Disclosure: What You Need to File

New York is one of the most active jurisdictions in the country when it comes to AI disclosure requirements for attorneys. Following NYSBA Ethics Opinion 1253 and a series of standing orders from federal courts in the district, New York practitioners need to understand exactly what they must certify — and when.

The Baseline: NYSBA Ethics Opinion 1253

Issued in 2024, Ethics Opinion 1253 established the foundational obligations for New York attorneys using generative AI. The opinion confirms that existing ethical duties — competence, confidentiality, supervision, and candor — apply fully to AI-assisted work. It does not mandate blanket disclosure to courts, but it emphasizes that attorneys must be prepared to disclose AI use when required by tribunal rules.

Federal Courts in New York

Southern District of New York (SDNY)

Several SDNY judges have issued individual standing orders requiring disclosure of AI use in court filings. While there is no district-wide rule as of early 2026, attorneys practicing in the SDNY should check the individual judge's standing orders before filing any AI-assisted brief or motion. The common requirement across standing orders is a certification stating whether any portion of the filing was drafted using AI and confirming that a licensed attorney reviewed the AI-generated content.

Eastern District of New York (EDNY)

Similar to the SDNY, the EDNY has individual judge requirements but no district-wide rule. Check Judge-specific standing orders at the EDNY website before filing.

New York State Courts

New York state courts have not yet adopted a uniform statewide AI disclosure rule, but the Office of Court Administration has indicated that guidance is forthcoming. Practitioners in the Commercial Division — which handles complex commercial litigation — should be particularly attentive, as those judges are among the most technologically sophisticated in the state court system.

Sample Certification Language

For courts that require AI disclosure, the following certification language has been accepted in multiple New York federal court filings:

"Counsel certifies that no portion of this [brief/motion/filing] was drafted using generative artificial intelligence without review and verification by a licensed attorney. Where generative AI tools were used to assist in research or drafting, all AI-generated content was reviewed for accuracy and revised as necessary to ensure compliance with the Federal Rules and this Court's local rules."

Best Practices for New York Practitioners

• Maintain a log of AI tool use on each matter, including which tool was used and for what purpose.
• Subscribe to updates from your assigned judges' chambers — standing orders change frequently.
• Include AI use disclosure in your engagement letters, giving clients advance notice of your firm's AI practices.
• Stay current with NYSBA Task Force on Artificial Intelligence publications, which are updated regularly.

New York's approach to AI disclosure is evolving rapidly. The safest practice is to assume that any court may require disclosure and to document AI use on every matter accordingly.