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California State Legislature Passes Senate Bill Regulating the Use of Generative Artificial Intelligence in Legal and Judicial Proceedings
Senate Bill No. 574 (“SB 574”) having been passed by both the California State Assembly and Senate and enrolled by the California Legislature on September 4, 2026, would establish statutory standards governing the use of generative artificial intelligence in the practice of law, judicial proceedings, arbitration, and alternative dispute resolution.
If enacted, SB 574 would introduce, among others, the following requirements:
- The practice of law would not be permitted to be delegated to generative artificial intelligence.
- Attorneys using generative artificial intelligence in the practice of law would be prohibited from entering confidential, personal identifying, or other nonpublic information into a generative artificial intelligence system unless access to such information is restricted to the attorney and persons authorized by the attorney who are subject to obligations protecting its confidentiality.
- Reasonable steps would be required to be taken to verify the accuracy of generative artificial intelligence outputs, including case and statutory citations, and any erroneous or hallucinated output contained in material used by an attorney would be required to be corrected.
- The use of generative artificial intelligence would be required to be disclosed to the court for all documents submitted to the court. Where generative artificial intelligence is used to create content provided to the public, consideration would also be required as to whether such use should be disclosed.
- A brief, pleading, motion, or other paper filed with a court would not be permitted to contain any citation that has not been personally verified by the attorney responsible for the filing, including citations generated by generative artificial intelligence. Violations of this requirement would be subject to the sanctions framework set forth in California Code of Civil Procedure § 128.7, including the applicable 21-day correction or withdrawal procedure.
- Arbitrators would not be permitted to delegate any part of their decision-making process to a generative artificial intelligence tool. Reliance on information generated by generative artificial intelligence outside the record would be permitted only after appropriate disclosure had been made to the parties and, as far as practical, the parties had been afforded an opportunity to comment on its use.
- The Judicial Council of California would be required to publicly revisit and revise, as necessary, Standard 10.80 of the California Standards of Judicial Administration to reflect further developments in generative artificial intelligence.
- A voluntary certification program for alternative dispute resolution firms, providers, and practitioners would be administered by the State Bar of California. The program would include procedures for receiving, investigating, and resolving complaints concerning compliance with applicable ethical standards, with complaint proceedings being conducted privately and kept confidential, subject to the statutory exceptions.
As of September 8, 2026, SB 574 has been passed by both houses of the California Legislature and enrolled, but it should not yet be described as an enacted or operative California statute unless and until the required executive action has been completed.
The full text of Senate Bill No. 574 can be accessed here.
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Zumbul Attorneys-at-Law
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