N.Y. Sup. Ct. (Erie Cnty.): Hon. Emilio Colaiacovo Part Rules, The Use of Generative AI (…
Hon. Emilio Colaiacovo, J.S.C. · Erie County Supreme Court, Commercial Division, Part 4
Verified September 28, 2026
- Citation
- Hon. Emilio Colaiacovo Part Rules, The Use of Generative AI (Dropped from the 2025 Part Rules)
- Order date
- February 1, 2024
Status and former requirement
No longer in force (rescinded); this order does not state current filing practice. While it was operative it required: 'While the use of Generative Artificial Intelligence (GAI) is not prohibited, should counsel or the parties use any GAI resources or material (e.g. ChatGPT), they must disclose and/or certify that any use (1) identifies the GAI program; (2) identifies the portion of the filing drafted by GAI; and (3) certifies that the GAI work product was diligently reviewed by a human being for accuracy and applicability.'
What the order required while in force
- 'While the use of Generative Artificial Intelligence (GAI) is not prohibited, should counsel or the parties use any GAI resources or material (e.g. ChatGPT), they must disclose and/or certify that any use (1) identifies the GAI program; (2) identifies the portion of the filing drafted by GAI; and (3) certifies that the GAI work product was diligently reviewed by a human being for accuracy and applicability.'
- The 2024 rule's footnote described it as 'a combination of rules adopted by the Southern District of New York and the Federal District Court of New Jersey.'
- No longer in the part rules: the provision is absent from the 2025 part rules (Internet Archive capture of 2025-03-21) and from the current 2026 part rules, which say nothing about AI.
Practice areas: state civil, state commercial
No longer in the part rules
Justice Colaiacovo’s 2024 part rules for the Erie County Supreme Court, Commercial Division contained a generative AI provision. It is absent from the 2025 part rules (in the earliest capture found, dated March 21, 2025) and from the current 2026 rules, neither of which mentions AI. Statewide, 22 NYCRR Part 161, in force since June 1, 2026, requires no AI disclosure.
What the 2024 rule required
Under the heading “The Use of Generative AI,” the 2024 part rules provided:
“While the use of Generative Artificial Intelligence (GAI) is not prohibited, should counsel or the parties use any GAI resources or material (e.g. ChatGPT), they must disclose and/or certify that any use (1) identifies the GAI program; (2) identifies the portion of the filing drafted by GAI; and (3) certifies that the GAI work product was diligently reviewed by a human being for accuracy and applicability.”
A footnote explained that the provision was “a combination of rules adopted by the Southern District of New York and the Federal District Court of New Jersey.” Filings made while the provision was in the part rules were subject to it.
Sources
- 2024 rule: JudgeColaiacovo2024.pdf, Internet Archive capture of 2024-03-13
- 2025 rules without the provision: JudgeColaiacovo2025.pdf, Internet Archive capture of 2025-03-21
- Current rules: JudgeColaiacovo2026.pdf, nycourts.gov
How this order changed
Dated record of this order's own lifecycle. Where it was amended or withdrawn, the badge shows its standing after that step.
- activeThe 2024 part rules include 'The Use of Generative AI': disclose or certify the GAI program, the AI-drafted portion, and human review. source
- The earliest Internet Archive capture of the 2025 part rules, taken March 21, 2025, no longer contains the generative AI provision; the rules state no date, so the removal is known only to the year. source