Witness statements and expert reports submitted to court in civil cases may need to be accompanied by declarations that they are not generated with the help of AI, according to new rules proposed by the Civil Justice Council.
Requiring 'enhanced statements of truth' is among the proposals floated by the council's consulttation on the use of AI for preparing court documents. In an interim report published this month, the council's AI working group examines the need for rules on the use of AI, which it describes as 'a positive development so long as the interests of justice are kept firmly in view'.
The interim report deals with four categories of documents: statements of case, skeleton arguments and other advocacy documents, witness statements and experts' reports. It does not cover the use of AI by litigants in person or judges, the use of AI for tasks such as spelling and grammar checks and its use 'with the deliberate intention of placing false evidence before the court'.
On statements of case, the group proposes that, provided the statement bears the name of the legal professional responsible 'there is no need for any (further) rules relating to statements of case produced with the assistance of AI'. The same applies to skeleton arguments, though the report suggests that an alternative approach would be to require a 'specific declaration' to make it clear whether AI had been used.
On witness statements, the report proposes that there is no need for further rules covering statements not for trial. However on statements covered by Practice Direction 57AC, for use at trials in the Business and Property Courts, it notes: 'It is difficult to see that the aims and objectives of PD57AC in the legally represented context can be properly met if AI is used ... in the process of drafting witness statements.' A rule requiring a declaration that AI has not been used for the purposes of generating the content of such a statement 'would be consistent with the aims of the practice direction and reinforce the importance of witness statements being in the witness’s own words'.
The report also proposes that Part 32 of the Civil Procedure Rules be amended to include a declaration that AI has not been used to generate a statement's content 'including by way of altering, embellishing, strengthening, diluting or rephrasing the witness's evidence'.
On experts, the report cites research suggesting widespread use of the technology. It concludes: 'We propose a requirement that the expert explains what use of AI has been made other than for transcription (or other administrative uses) and that the expert identifies the AI tools used.'
The report suggests that further rules could be considered on the use of AI by litigants in person. However any such regulation 'presents a particularly difficult challenge, owing to [AI's] potential to assist with access to justice'.
The consultation will run until Tuesday 14 April 2026.
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