AMENDMENT TO THE CALIFORNIA RULES OF COURT

Cal. R. Ct. 10.430

California Rules of Court

AMENDMENT TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on July 18, 2025, effective September 1, 2025, to read: R Rule 10.430. Generative artificial intelligence use policies 1 2 (

a) Definitions 3 4 As used in this rule, the following

definitions apply: 5 6 (1) “Court staff” means all employees, contractors, volunteers, and any other 7 persons working for or on behalf of the court. 8 9 (2) “Generative artificial intelligence” or “generative AI” means a computer- 10 based system that uses machine learning or similar techniques to produce 11 new content—such as text, images, audio, video, code, or data 12 visualizations— in response to user inputs.

Generative AI systems create 13 content that is not pre-programmed or explicitly retrieved but synthesized 14 based on underlying models trained on large datasets and may include 15 integration with other sources, such as real-time access to proprietary 16 databases. 17 18 (3) “Judicial officer” means all judges of the superior courts, all justices of the 19 Courts of Appeal and the Supreme Court, all temporary and assigned judges, 20 and all subordinate judicial officers. 21 22 (4) “Public generative AI system” means a generative AI system that allows 23 anyone other than court staff or judicial officers to access the data that courts 24 input or upload to the system or to use that data to train AI systems. “Public 25 generative AI system” does not include any system that the court creates or 26 manages, such as a generative AI system created for internal court use, or any 27 court-operated system the court uses to provide those outside the court with 28 access to court data, such as a court-operated chatbot that answers questions 29 about court services. 30 31 (

b) Generative AI use policies 32 33 Any court that does not prohibit the use of generative AI by court staff or judicial 34 officers must adopt a generative AI use policy by December 15, 2025. This rule 35 applies to the superior courts, the Courts of Appeal, and the Supreme Court. 36 (

c) P olicy scope 37 38 A use policy created to comply with this rule must cover the use of generative AI 39 by court staff for any purpose and by judicial officers for any task outside their 40 adjudicative role. 41 42

(

d) Policy requirements 1 2 Each court’s generative AI use policy must: 3 4

(1) Prohibit the entry of confidential, personal identifying, or other nonpublic 5 information into a public generative AI system. Personal identifying 6 information includes driver’s license numbers; dates of birth; Social Security 7 numbers; National Crime Information and Criminal Identification and 8 Information numbers; addresses and phone numbers of parties, victims, 9 witnesses, and court personnel; medical or psychiatric information; financial 10 information; account numbers; and any other content sealed by court order or 11 deemed confidential by court rule or statute. 12 13

(2) Prohibit the use of generative AI to unlawfully discriminate against or 14 disparately impact individuals or communities based on age, ancestry, color, 15 ethnicity, gender, gender expression, gender identity, genetic information, 16 marital status, medical condition, military or veteran status, national origin, 17 physical or mental disability, political affiliation, race, religion, sex, sexual 18 orientation, socioeconomic status, and any other classification protected by 19 federal or state law. 20 21

(3) Require court staff and judicial officers who create or use generative AI 22 material to take reasonable steps to verify that the material is accurate, and to 23 take reasonable steps to correct any erroneous or hallucinated output in any 24 material used. 25 26

(4) Require court staff and judicial officers who create or use generative AI 27 material to take reasonable steps to remove any biased, offensive, or harmful 28 content in any material used. 29 30

(5) Require disclosure of the use of or reliance on generative AI if the final 31 version of a written, visual, or audio work provided to the public consists 32 entirely of generative AI outputs. Disclosure must be made through a clear 33 and understandable label, watermark, or statement that describes how 34 generative AI was used and identifies the system used. 35 36

(6) Require compliance with all applicable laws, court policies, and ethical and 37 professional conduct rules, codes, and policies when using generative AI. 38 39 40 Rule 10.430 adopted effective September 1, 2025. 41 42 43

Advisory Committee Comment 1 2 Subdivision (a). The definition of “court staff” in this subdivision is intended for use in this rule 3 only. 4 5 Subdivision (c). California Standards of Judicial Administration, standard 10.80 covers the use of 6 generative AI by judicial officers for any task within their adjudicative role. 7 8 Subdivision (d). This subdivision does not require any court to permit the use of generative AI 9 by court staff or judicial officers.

Courts may entirely prohibit the use of generative AI and may 10 also set restrictions on how generative AI may be used for court-related work, such as allowing or 11 prohibiting the use of specific generative AI tools, allowing use of generative AI only for 12 particular tasks, or requiring approval for the use of generative AI. Courts that are required by 13 subdivision (

b) to adopt a use policy because they are not prohibiting the use of generative AI for 14 court-related work can comply with subdivision (

d) by adopting verbatim the nonoptional 15 sections of the Model Policy for Use of Generative Artificial Intelligence, or by adopting a policy 16 that uses substantially similar language. Courts adopting a generative AI use policy under this 17 rule may make their policy more restrictive than the rule requires and may include provisions not 18 covered by rule 10.430. 19 20 21 Standard 10.80. Use of generative artificial intelligence by judicial officers 22 23 (

a) Definitions 24 25 As used in this standard, the following

definitions apply: 26 27 (5) “Court staff” means all employees, contractors, volunteers, and any other 28 persons working for or on behalf of the court. 29 30 (6) “Generative artificial intelligence” or “generative AI” means a computer- 31 based system that uses machine learning or similar techniques to produce 32 new content—such as text, images, audio, video, code, or data 33 visualizations— in response to user inputs.

Generative AI systems create 34 content that is not pre-programmed or explicitly retrieved but synthesized 35 based on underlying models trained on large datasets and may include 36 integration with other sources, such as real-time access to proprietary 37 databases. 38 39 (7) “Judicial officer” means all judges of the superior courts, all justices of the 40 Courts of Appeal and the Supreme Court, all temporary and assigned judges, 41 and all subordinate judicial officers. 42 43

(8) “Public generative AI system” means a generative AI system that allows 1 anyone other than court staff or judicial officers to access the data that courts 2 input or upload to the system or to use that data to train AI systems. “Public 3 generative AI system” does not include any system that the court creates or 4 manages, such as a generative AI system created for internal court use, or any 5 court-operated system the court uses to provide those outside the court with 6 access to court data, such as a court-operated chatbot that answers questions 7 about court services. 8 9 (

b) Use of generative artificial intelligence 10 11 A judicial officer using generative AI for any task within their adjudicative role: 12 13

(7) Should not enter confidential, personal identifying, or other nonpublic 14 information into a public generative AI system. Personal identifying 15 information includes driver’s license numbers; dates of birth; Social Security 16 numbers; National Crime Information and Criminal Identification and 17 Information numbers; addresses and phone numbers of parties, victims, 18 witnesses, and court personnel; medical or psychiatric information; financial 19 information; account numbers; and any other content sealed by court order or 20 deemed confidential by court rule or statute. 21 22

(8) Should not use generative AI to unlawfully discriminate against or 23 disparately impact individuals or communities based on age, ancestry, color, 24 ethnicity, gender, gender expression, gender identity, genetic information, 25 marital status, medical condition, military or veteran status, national origin, 26 physical or mental disability, political affiliation, race, religion, sex, sexual 27 orientation, socioeconomic status, and any other classification protected by 28 federal or state law. 29 30

(9) Should take reasonable steps to verify that generative AI material, including 31 any material prepared on their behalf by others, is accurate, and should take 32 reasonable steps to correct any erroneous or hallucinated output in any 33 material used. 34 35

(10) Should take reasonable steps to remove any biased, offensive, or harmful 36 content in any generative AI material used, including any material prepared 37 on their behalf by others. 38 39

(11) Should consider whether to disclose the use of generative AI if it is used to 40 create content provided to the public. 41 42 Standard 10,80 adopted effective September 1, 2025. 43

Advisory Committee Comment 1 2 Subdivision (a). The definition of “court staff” in this subdivision is intended for use in this 3 standard only. 4 5 Subdivision (b). This subdivision provides guidelines to judicial officers for the use of generative 6 AI for tasks within their adjudicative role. California Rules of Court, rule 10.430 covers the use 7 of generative AI by judicial officers for tasks outside their adjudicative role. In addition to the 8 guidelines provided in this subdivision, judicial officers should be mindful of complying with all 9 applicable laws, court policies, and the California Code of Judicial Ethics when using generative 10 AI. 11 12

Document details

CollectionCalifornia Rules of Court
CitationCal. R. Ct. 10.430
Typecourt_rule
Languageen
Formatpdf
SourceCA_ROC
Identifier18fd64a95d971cb898c62967041f3df2a4019a8d

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AMENDMENT TO THE CALIFORNIA RULES OF COURT

Cal. R. Ct. 10.430

California Rules of Court

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