Hamilton County of Common Please AI Local Rule 49

In last month’s LMICK Minute, Issue #65, LMICK discussed and provided examples of both state and federal court orders that deal with how litigants may use AI in those respective courts. Recently, it was brought to LMICK’s attention that the Hamilton County, Ohio, Court of Common Pleas has Local Rule 49- “Use of Artificial Intelligence in Court Submissions”. Since many of LMICK’s insureds practice in Hamilton County, we wanted to share this information and make sure you are aware of the Rule’s existence. The Rule states:

(A) Purpose and Scope

This rule is established to govern the use of artificial intelligence (AI) technologies by attorneys and/or parties in the preparation and submission of materials to the Hamilton County Court of Common Pleas. It aims to ensure the ethical use of AI and maintain the integrity of evidence.

(B) Definitions Artificial Intelligence (AI):

Any technology that uses machine learning, natural language processing, or any other computational mechanism to simulate human intelligence, including document generation, evidence creation or analysis, and legal research. AI-Assisted Material: Any document or evidence prepared with the assistance of AI technologies.

(C) Disclosure of AI Assistance

Attorneys and/or parties must disclose the use of AI-assisted technology in the creation or editing of any document or evidence submitted to the court. Such disclosure should include a general description of the AI technology used and its role in the preparation of the materials. The disclosure must be made at the time of submission through a certification attached to the document or evidence, indicating the type of AI used and certifying the attorney's final review and approval of the AI-assisted material.

(D) Responsibility and Review

Attorneys and/or parties remain ultimately responsible for the accuracy, relevance, and appropriateness of AI-assisted materials submitted to the court. Attorneys and/or parties must thoroughly review all AI-assisted materials to ensure they meet all legal and ethical standards. Use of AI does not absolve attorneys from their duty of competence, diligence, and supervision as required under the Ohio Rules of Professional Conduct.

(E) Sanctions

Violations of this rule may subject an attorney and/or party to sanctions, including but not limited to, Civil Rule 11 and/or Civil Rule 37.

Questions? Contact Jared Burke for more information.