Lesson 8.7 · Beginner

Reading AI-assisted material from the bench

For judges and those who appear before them: what to look for, what to ask, and how courts themselves are using AI.

3 min read

The short version

Check the sources behind filed material. A case may be missing or may not support the claim. Ask for the source and give the party a fair chance to explain.

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The idea What to check Try it

The idea

Check the support for a submission, whether or not AI helped write it. A plausible case name may be false. A real case may not say what the filing claims. Smooth or generic prose alone does not prove that AI was used.

What to check

If an authority cannot be found, ask for a copy from a trusted source. Give the party a fair chance to explain. Check the citation, quote, and point said to follow from the case. Do not assume a failed search proves the case was invented.

For the court's own use of AI, read the current judicial policy. Protect private and deliberative material. Keep the decision and its reasons under judicial control. Court rules and policies differ.

Try it

A filing cites a case that your clerk cannot find. What comes next?

Check your understanding

Request the source and hear the explanation. If the authority remains unverified, do not treat it as support. Any further step must follow the court's rules and a fair process. Check the other authorities too.

Examples are teaching material. For legal rules, read the current primary text linked below. A revision date does not certify every claim.

Sources and further reading

Linked sources support the technical background identified below. The legal workflows, prompts, and fictional examples are original editorial exercises; they are not claims of endorsement by the linked authors.

Official court policyFederal Court — interim principles for its own AI use

Court-specific policy, distinct from the notice to litigants. Do not treat it as permission for another court or as legal advice.

Official court directionOntario SCJ — Consolidated Civil Provincial Practice Direction, Part J.12, paras122–128

AI oversight and verification; paragraph125 reproduces factum certification rule. Updated March17 2026; civil scope excludes Divisional and Small Claims proceedings. Primary page checked16 October2026.

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