---
title: "SA courts Gen AI affidavit and disclosure position"
url: "https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/sa-gen-ai-affidavit-and-disclosure"
type: "precedent"
site: "AI Law Framework"
id: "a5-sa-gen-ai-affidavit-and-disclosure"
area_id: "A5"
kind: "checklist"
ai_level: "red"
version: 1
task_ids: ["A5-B2-1", "A5-V20260923-3"]
law_stated_as_at: "2026-10-22"
---

# SA courts Gen AI affidavit and disclosure position

> What the South Australian court guidelines require of a witness statement or affidavit, and when a Gen AI use must be disclosed. They apply from 1 January 2026.…

Canonical page: https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/sa-gen-ai-affidavit-and-disclosure  
Law stated as at: 2026-10-22

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

What the South Australian court guidelines require of a witness statement or affidavit, and when a Gen AI use must be disclosed. They apply from 1 January 2026. They do not require a routine statement that Gen AI was used.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Commercial Litigation & Dispute Resolution](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution.md)
- Jurisdictions: Australia, South Australia
- AI level: Red. You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for Australia and South Australia.

## When to use it

Use for a step taken on or after 1 January 2026 in the Supreme Court, District Court, Magistrates Court, Youth Court, Environment, Resources and Development Court or Court of Disputed Returns of South Australia, under the Uniform Civil Rules 2020, the Uniform Special Statutory Rules 2022 or the Joint Criminal Rules 2022.

## Used for these tasks

- [Prepare an SA court affidavit compliant with the SA Gen AI guidelines](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/prepare-an-sa-court-affidavit-compliant-with-the-sa-gen-ai-guidelines.md)
- [Check a court document against the AI practice note before filing](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/check-a-court-document-against-the-ai-practice-note-before-filing.md)

## How AI may be used

The guidelines govern how a witness statement or affidavit records the witness's memory. That is sworn or served evidence. The lawyer writes it with the witness. AI may hold a chronology or a transcript the witness has already adopted, for the lawyer to review.

**AI may:**

- Hold an accurate transcript of an interview the witness has given, for the lawyer to review with the witness
- List the paragraph 54 factors beside a proposal to use Gen AI on a draft
- Record a proposed aide memoire so paragraph 63 disclosure can be made

**AI must not:**

- Must not draft the affidavit so that it makes good a desired proposition or a pleaded case
- Must not use another witness's affidavit or instructions as source material for a draft
- Must not send a Gen AI draft to the witness before the lawyer has interviewed the witness about whether memory accords with it
- Must not add a routine "Gen AI was used" sentence. Paragraph 43 says a particular statement is not required
- Must not enhance a photograph or video and present it as the original

**The lawyer checks:**

- The statement or affidavit fairly and fully reflects the witness's authentic memory and, so far as it can remain admissible, the language the witness uses
- The evidence is not materially altered, embellished or diminished
- Paragraph 56 limits are met before any first draft is prepared from documents
- An aide memoire or readability enhancement is disclosed to the opponent and the Court before reliance
- An expert report makes the Gen AI deployment reasonably apparent, and the reliability of that work can be established

## Authorities

- [Courts Administration Authority of South Australia, Guidelines concerning the use of Generative artificial intelligence in litigation in South Australian Courts, applying from 1 January 2026](https://www.courts.sa.gov.au/2025/12/24/guidelines-concerning-the-use-of-generative-artificial-intelligence-in-litigation-in-south-australian-courts/)
- [Courts Administration Authority of South Australia, Supreme Court issues guidelines for the use of Generative AI, 19 January 2026](https://www.courts.sa.gov.au/2026/01/19/supreme-court-issues-guidelines-for-the-use-of-generative-ai/)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/sa-gen-ai-affidavit-and-disclosure and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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