In 2024, the California Judicial Council created an AI Task Force in order to safeguard the integrity of the legal process as courts increasingly use generative AI.  The goal is to strike a balance between the utilization of this powerful new technology and ensuring that courts remain trustworthy and objective sources of information.       

The Judicial Council will not be creating an exhaustive list of approved and prohibited AI tools because the technology is evolving so rapidly. The Task Force has been monitoring how AI is used in court settings, gathering feedback from judges, court staff, and the public, and considering various disclosure requirements for AI users along with AI safeguards.

On July 18, 2025, the Judicial Council adopted Rule of Court 10.430, which was drafted by the AI Task Force.  Pursuant to this Rule of Court, each state court in California must pass a formal AI use policy by December 15, 2025, which either: (1) sets forth rules on the use of AI tools; or (2) entirely prohibits that particular court from using AI.  It is anticipated that the overwhelming majority of courts will choose option #1, so that they can responsibly leverage AI where appropriate.  If a local court elects to use AI by the December 2025 deadline, it has the option of promulgating its own custom policies or adopting a model AI policy that was prepared by the AI Task Force in February 2025.  The model policy contains the following key components:

• Accuracy and Verification: Courts must carefully review their AI-generated content for accuracy and completeness, ensuring that they identify and correct any computer-generated errors.

• Elimination of Bias: Any work product of the court which was generated using AI must also be checked to ensure that it is free from bias or offensive content. This requirement within the model policy ensures that courts take active steps to avoid potential discriminatory effects of AI.

• Transparency and Disclosure: If any court-generated document or visual material contains a substantial portion of generative AI output, this must be conspicuously disclosed by the court.

These steps to move California towards the adoption of rules regarding generative AI will apply across the entire judicial system —including California’s Superior Courts, Courts of Appeal, and the state Supreme Court— encompassing approximately 65 courts and roughly 1,800 judges.  Thus far, Illinois, Delaware, and Arizona have also promulgated rules relating to the use of AI-related technology by the judiciary.

This increased utilization of AI by courts should lead to moderate improvements in case processing times, especially in high-volume civil, traffic, small claims, and family law matters.  For example, courts are likely to use AI to generate routine notices, scheduling documents, internal memos, and standard procedural documents.  However, judges are not authorized under California Rule of Court 10.430 to use AI to analyze evidence or to draft legal opinions. 

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**This blog is intended for informational purposes only and does not constitute legal advice. For specific legal guidance, please consult with a qualified attorney. Also, note that all information expressed in the following blog is relevant as of the stated date of publication and, therefore, subject to change based on legal developments. Readers are advised to consult current legal guidance or counsel for greater detail or relevant updates.