Chief Magistrate Judge William Matthewman has written an article on AI for the UF Journal of Technology Law and Policy: The Coming Use and Misue of Artificial Intelligence in the Courtroom: A Judicial Perspective and Proposal. AI is everywhere so this is worth a read.
The article argues that existing federal rules of evidence and procedure are not sufficient to address AI-generated or AI-enhanced evidence, including deepfakes, and that new rules are needed for discovery, notice, pretrial challenges, authentication, burdens of proof, trial procedures, and jury instructions.
The opening line: While attorneys, litigants, and judges have always had to be vigilant for the attempted introduction of improperly enhanced or fabricated evidence in court proceedings, the rise of Artificial Intelligence (AI) and its subset, Generative Artificial Intelligence (GAI), has substantially increased the stakes.
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