| Court - Judge Name |
Effective Date |
Applicable To | Categories |
Summary |
| Court of Chancery of Delaware – Vice Chancellor Lori W. Will | 4/4/2025 | Generative AI | Generative AI Usage | In Jaiyong An v. Archblock, Inc. (Court of Chancery of Delaware), Vice Chancellor Will issued an order denying a petitioner’s motion with prejudice because the petitioner “had [not] been forthright” about his misuse of GenAI in his filing, warning that failure to comply with the certification and disclosure requirements could result in sanctions, monetary penalties, or full dismissal. The court then required that all of petitioner’s future filings be accompanied by a GenAI certification and a sworn statement that discloses the use of GenAI in the preparation of a filing, identifies the “GenAI tool, model, or platform used,” specifies the “pages, paragraphs, and/or sections of the court filing that were created using GenAI,” and confirms that the filing has “undergone a human review for accuracy and completeness,” including accuracy of citations. Vice Chancellor Will’s opinion in the same case makes clear that although “the use of GenAI in legal work is not inherently problematic” and may even “benefit litigants and courts alike” by “lower[ing] barriers to justice,” it nonetheless carries “significant risks” if used carelessly. |
| Requires Disclosure and/or Verification | ||||
| Suggests Cautious Use of AI | ||||
| Applies to AI Used for Filings/Drafting | ||||
| New Castle County Superior Court, DE – Judge Danielle J. Brennan | 3/12/2025 | Generative AI | Generative AI Usage | Judge Brennan in Mark Lillard v. Offit Kurman P.A. N24C-10-001 Delaware Superior Court (New Castle County) (Mar. 12, 2025), in an Order denying Defendants’ motion to dismiss, the Court ordered the parties to certify if gen AI was used in the creation of any future filings. The Court defines AI as “technology that enables computers or machines to reason, learn, and act in a way that would typically require human intelligence,” and defines gen AI as “AI trained on an existing set of data (which can include text, images, audio or video) with the intent to 'generate' new data objects when prompted by a user. Generative AI creates new data objects contextually in response to user prompts based only on the data on which it has already been trained. The order also requires that gen AI certifications include a sworn statement acknowledging use of gen AI, identify the gen AI platform used, identify the section(s) of the filing for which gen AI was used, and a statement that all gen AI has undergone human review for accuracy. |
| Requires Disclosure and/or Verification | ||||
| Applies to AI Used for Filings/Drafting |
Delaware
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