The Court of King's Bench of Manitoba has recently issued a practice direction that addresses the use of artificial intelligence (AI) in court submissions. Recognizing the rapid development of AI and its potential impact on legal proceedings, the court aims to ensure transparency and accountability in the use of AI-generated information.

Enhancing Transparency and Reliability

The practice direction acknowledges the current novelty of AI technology and the challenges in predicting its future developments. However, it emphasizes the need to address concerns related to the reliability and accuracy of information generated through AI systems. To mitigate these concerns, the court requires that materials submitted to the court indicate whether AI was utilized in their preparation and how it was utilized.

Disclosing AI Usage

According to the practice direction, when AI is employed in the preparation of materials filed with the court, the party submitting the materials must clearly indicate how AI was utilized. This disclosure requirement aims to promote transparency and facilitate a better understanding of the methodologies and processes involved in generating AI-driven information.

Responsible Use of AI

While the practice direction does not provide an exhaustive definition of responsible AI use in court cases, it acknowledges the importance of establishing standards to guide its implementation. Given the dynamic nature of AI technology, the court recognizes the difficulty in precisely defining responsible use.

Implications and Future Considerations

The court's practice direction signifies a proactive step towards addressing the challenges posed by AI in the legal field. By promoting transparency, the direction aims to enhance the reliability and credibility of AI-generated information presented in court. Additionally, the direction sets a precedent for other jurisdictions to follow, encouraging similar initiatives to regulate AI use in legal proceedings.

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