Amendment to the Uniform Civil Procedure Rules - Amendment to Various Rules and UCPR Forms: Use of Generative AI

03/02/2025

Members should be aware of the amendments outlined below that commence on 3 February 2025.

The following rules have been amended:

• Rule 31.4: Court may direct party to furnish witness statement

• Rule 31.27: Experts’ reports

• Rule 51.12: Party to file and serve White Folder with summons seeking leave

• Rule 51.13: Opposing party to file a response

• Rule 51.36: Content of written submissions

• Rule 51.45: Proceedings in supervisory jurisdiction

• Rule 59.8: Procedure—Court Book, defendant’s argument and plaintiff’s argument in reply

• Schedule 7: Expert witness code of conduct

The following rules have been created:

• Rule 35.3B: Use of generative artificial intelligence in affidavits

• Dictionary: Definition of generative artificial intelligence

The amendment to the rules regulates the use of generative artificial intelligence in relation to:

• affidavits, witness statements and other evidentiary material;

• written submissions and summaries of argument; and

• experts’ reports.

Amendment to UCPR Forms 40 and 163

The following forms have been amended to include a disclosure that generative artificial intelligence was not used to generate the document, or an annexure or exhibit, or where applicable, provide information of the decision maker and date where leave was granted to use generative artificial intelligence for a specific annexure or exhibit:

• Form 40 (version 7) – Affidavit

• Form 163 (version 2) – Witness statement

Each form will be published here.

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