AI LAWFRAMEWORK

Provisional answer

Not recommended without keeping the witness’s own evidence

This is general information drawn from published catalogue guidance and stored court notes. It is not legal advice, and it is not a decision that you may use the tool.

Draft an affidavit or witness statement from the proof with A general chatbot like ChatGPT, Supreme Court of New South Wales.

Draft an affidavit or witness statement from the proof requires the lawyer to lead the substantive work and decisions. Any permitted assistance is confined to supporting preparation and remains subject to independent checking.

The matched instrument is Practice Note SC Gen 23, Use of Generative Artificial Intelligence (Supreme Court of New South Wales).

This note also sets rules for other documents. Open it before you rely on a different document.

Verification

  • Generative AI must not be used to alter, embellish, strengthen, dilute or rephrase a witness’s evidence.

    Court note

  • Confirm each factual assertion with the witness and original record. Preserve the witness’s own knowledge and words, and check the court’s rules for this document.

    Task catalogue

  • Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.

    Task catalogue

Confidentiality and client data

  • Apply paragraph 9A before any upload of suppressed material, material under the Harman undertaking, subpoenaed material, or material under a statutory publication ban.

    Court note

  • A general chatbot like ChatGPT is not a named catalogue product. This check has no record of a closed environment, an Australian hosting region, or a training setting for it.

    This check

Disclosure

  • An affidavit, witness statement or character reference must disclose that generative AI was not used to generate its content, unless leave covers an annexure.

    Court note

  • On an affidavit, witness statement or character reference, include the disclosure that generative AI was not used to generate the content, unless leave covers an annexure.

    Court note

Matched rules

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