Litigators will soon need to sign a specific “no‑AI” declaration for every trial‑ready witness statement, a move the Civil Justice Council (CJC) announced in its latest consultation. The requirement aims to protect the integrity of witness testimony by ensuring no artificial‑intelligence tool alters the content. If you handle witness statements, you’ll have to audit your drafting process now.
What the New Declaration Requires
The CJC proposes adding a clear oath to each witness statement that confirms no AI was used to generate, edit, or re‑phrase the testimony. This declaration sits alongside the traditional statement of truth and the solicitor’s signature. It covers any AI‑driven alteration, from minor wording tweaks to full‑scale content generation.
Why Witness Statements Are Targeted
Procedural rule PD57AC already demands verbatim transcription of a witness’s words. The CJC warns that even modest AI assistance could breach that spirit, especially if the tool reshapes the narrative. By focusing on witness statements, the council seeks to preserve the authenticity of the most sensitive evidence in a civil trial.
How Firms Must Adapt
Law firms will need to review their drafting workflows. Any AI‑based tool that suggests substantive changes must be disabled for witness statements, while pure transcription services remain permissible. Failure to comply could trigger challenges to admissibility or professional conduct sanctions.
Practitioner Concerns and Guidance
Balancing Efficiency and Compliance
Many practitioners appreciate the speed AI brings to routine documents, yet they worry about the extra manual effort required for statements. You’ll have to decide where to draw the line between acceptable spell‑check and prohibited content alteration.
Proposed Checklist for AI Use
- Identify every tool used in the drafting process.
- Disable any feature that suggests substantive language changes for witness statements.
- Document any AI involvement, even for transcription, in a separate audit log.
- Train staff on manual drafting techniques to ensure compliance.
- Review the final statement against the “no‑AI” declaration before signing.
Next Steps for the Civil Justice Council
The consultation remains open for feedback from solicitors, barristers, and judges. After the deadline, the CJC will decide whether to embed the declaration into the Civil Procedure Rules, potentially setting a template for other common‑law jurisdictions grappling with AI in the courtroom.
