| Court - Judge Name | Applicable To | Categories | ||
| D. NJ - Judge Chesler & Judge Hammer | 1/28/2025 | Any AI | Any AI Usage | This confidentiality order by Judges Chesler and Hammer in Brian M. Stolar 1998 Family Trust v. American General Life Insurance Company limits the use of “AI tools” in relation to Confidential and Attorney’s Eyes Only (“AEO”) materials. Specifically, Section 8 of the order requires written confirmation from the receiving party to the producing party that the AI tool both “restricts receipt and access” of the AEO materials to the receiving party, and also that such materials will either not be made available “to any developers, providers, or operators” of the AI tool, or that any retained AEO material is used by the receiving party solely for the underlying action, and that such data is “securely and permanently erased, following conclusion of the action” or the AI tool is “decommissioned.” The order additionally requires that the AI tool is “stateless” (such that “neither the tool nor any system containing the tool will be modified, improved, or changed” with the use of the AEO materials). If the statelessness of the tool cannot be guaranteed, the AI tool must be “either permanently reset to a default state that existed prior to the receipt of the Confidential and Attorneys’ Eyes Only material or securely deleted in its entirety.” Parties must also certify that all Confidential and AEO material submitted to any AI tools has been destroyed upon case completion. Finally, the order explicitly bans the use of AEO materials with any non-compliant AI tool, indicating ChatGPT as one such example. |
| Generative AI Usage | ||||
| Requires Disclosure and/or Verification | ||||
| Suggests Cautious Use of AI | ||||
| Applies to AI Used for Filings/Drafting | ||||
| D.N.J. - Judge Evelyn Padin | 11/13/2023 | Generative AI | Generative AI Usage | This standing order refers specifically to filings drafted using generative AI, naming several examples of such tools. It requires parties to identify both the tool used and which portion(s) of the filings were drafted using gen AI, and to submit a certification that the work product was verified as accurate. |
| Requires Disclosure and/or Verification | ||||
| Applies to AI Used for Filings/Drafting |
New Jersey
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