---
title: "Keep declaration evidence in the witness's words"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A5-T1-R3-US"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-01"
---

# Keep declaration evidence in the witness's words

> The tool writes no part of the declaration and suggests no wording for it: no draft, no structure, no outline, no suggested paragraphs.…

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof/united-states  
Last reviewed: 2026-10-01

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | The tool writes no part of the declaration and suggests no wording for it: no draft, no structure, no outline, no suggested paragraphs. Organise the witness’s own notes into a topic order for the conference, so the lawyer and the witness settle the text together, and list the topics in the notes that the lawyer’s draft does not yet address, proposing no wording for them. |
| What the lawyer must review | Keep judgment and the witness's recollection with people (California 2026, Opinion 512) Do not let the tool invent facts |
| Written for | United States |
| Applies to | [Draft an affidavit or witness statement from the proof](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof.md) |

## Checking plan

- What the AI does: The tool writes no part of the declaration and suggests no wording for it. It organises the witness’s own notes into a topic order for the conference and lists the topics the lawyer’s draft does not yet address.
- Basis: Checked against the linked sources on 23 September 2026. Confirm the current instrument before reliance.

## Sources

- [State Bar of California, Practical Guidance for the Use of Generative Artificial Intelligence in the Practice of Law (2026)](https://www.calbar.ca.gov/Portals/0/documents/ethics/Generative-AI-Practical-Guidance.pdf) (checked 2026-09-23)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-09-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*