22 NYCRR Part 161 AI Verification

1. Section-by-Section Deconstruction of 22 NYCRR Part 161

To manage risk within tier-one corporate frameworks, senior counsel should distinguish the statewide policy from any court-specific implementation and verify the rule that applies in the actual forum. Radsam Academy has thoroughly updated its North America's Judicial Forensic AI Audit Standards to map relevant verification controls to Part 161 and court-specific rules where applicable. This is a proprietary Radsam methodology, not an official standard of the New York courts.

Section 161.1: Application

• The Rule Text: The policy set forth in this Part shall apply to all courts of the Unified Court System, in both civil and criminal cases.

• Strategic Impact on Complex Portfolios: Section 161.1 makes the statewide policy applicable across the Unified Court System, but it does not mean every court has adopted Appendix A or uses identical AI-specific procedures. Whether a team is defending an intricate antitrust action in the NYC Commercial Division or managing a rapid corporate injunction in the Supreme Court, counsel should verify the rules and orders of the actual court and part.

Section 161.2: Definitions

• The Rule Text: (a) The term "artificial intelligence" or "AI" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments... (b) The term "paper" shall mean a brief, memorandum, affidavit, affirmation, pleading, or other document prepared by an attorney or party for submission to a court.

• Strategic Impact on Complex Portfolios: The scope of "paper" explicitly encompasses the entire foundational framework of complex corporate litigation. In high-stakes Class-Action certifications or multi-district M&A disputes, every single supporting affirmation, affidavit, and memorandum of law falls directly under this definition, but Part 161 does not itself require a separate audit trail for every AI input; any recordkeeping should be proportionate to the workflow and the duties that actually apply.

Section 161.3: Policy

• The Rule Text: It is the policy of the Unified Court System that the use by attorneys and parties of artificial intelligence tools... should not be prohibited, as long as such use is in accordance with the duties and responsibilities that apply to individuals who submit papers to a court... [A]ttorneys and parties should not be required, upon submitting papers, to disclose to the court that they have used AI...

• Strategic Impact on Complex Portfolios: The absence of automatic disclosure does not remove the underlying responsibility for the accuracy and integrity of a court paper.

• Responsibility for the submission remains with the signer under the rules that govern court papers. Internal verification records can be useful in higher-risk workflows, but Part 161 does not itself mandate an outside audit or a particular internal audit record. The bench relies on the attorney’s signature as an professional certification and responsibility for the submission; the consequences of an inaccurate filing depend on the facts and the applicable procedural and professional rules.

Section 161.4: Model Rule & Appendix A

• The Rule Text: A court may, in its discretion, implement a part rule... encouraged to adopt the model rule set forth in Appendix A... [By] signing a paper, an attorney or party certifies that a careful review and independent verification has been conducted and that the paper contains no such fabricated or fictitious content.

• Strategic Impact on Complex Portfolios: This is where the rule establishes its clear enforcement mechanism. Individual justices across the New York State Unified Court System are actively adopting Appendix A part rules, transforming the attorney signature into an explicit certification of independent verification.

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• In high-value Patent and Intellectual Property litigation, relying on unverified algorithmic citations to technical precedents can expose counsel or parties to existing procedural or professional consequences; sanctions are not automatic and depend on the applicable rule, conduct and facts.

2. The Transnational Friction: The New York State and Federal Intersect

Use of a commercial cloud tool raises separate questions about confidentiality, provider terms, retention, security and lawful process. Those questions are not created by Part 161, and federal courts do not provide one uniform privilege or evidentiary rule for every cloud-based AI workflow.

A federal decision by Judge Jed S. Rakoff addressed privilege and work-product questions in a particular AI-related context. It should not be generalized into a rule that use of every commercial or multi-tenant AI system automatically waives protection. Any privilege analysis remains fact-specific under Federal Rules of Evidence 501 and 502.

Furthermore, if that cloud infrastructure relies on infrastructure subject to extraterritorial statutory extractions under the U.S. CLOUD Act (18 U.S.C. § 2713), sensitive corporate data rooms, pending patent formulations, and confidential cross-border transaction values may be subject to lawful process where the statutory and jurisdictional requirements are met; applicability depends on the provider, possession, custody or control, and other facts.

Using an online tool to verify an AI-assisted brief does not automatically waive privilege. Relevant risks depend on what information is submitted, the provider's terms and practices, confidentiality expectations, disclosures, applicable law and the facts of the matter.

3. The Calibrated Solution: Air-Gapped Forensic Shadow AI Audits

Radsam Academy of AI Sovereign Governance provides a defined independent verification methodology. Radsam's Judicial Forensic AI Audit methodology can support documented verification where Part 161 or a court-specific AI rule applies, but it is not itself a Part 161 requirement and does not guarantee privilege preservation, compliance, admissibility, or outcome.

Our specialized Shadow AI Audit can serve as an independent technical review layer. In a defined engagement, the work may test calculations, citations, factual representations and relevant AI-assisted workflow records before a filing or submission, while leaving legal judgment and filing responsibility with counsel.

The stronger technical and legal-risk defensibility of our process is maintained entirely within our proprietary Air-Gapped Sovereign Sanctuary Vault. Operating locally and without public-internet connectivity can reduce selected external-network and vendor-processing pathways. It does not by itself establish privilege, confidentiality, security, compliance or admissibility.

Where a deployment is configured to avoid external cloud transmission or provider retention, it can reduce defined external exposure pathways. Exact logging and retention properties must be verified for the actual deployment. No architecture should be described as eliminating CLOUD Act risk or guaranteeing confidentiality or privilege; lawful-process exposure and legal effects depend on the provider, system design, jurisdiction and facts.

4. Pre-Qualifying AI Intake for Managing Partners and Executive Committees

Offline or locally deployed forensic engagements can require scoped hardware, review capacity and matter-specific controls, so availability and engagement scope may be assessed case by case.

An independent or isolated validation approach may be proportionate for some higher-risk matters, but Part 161 does not require an air-gapped audit standard.

I would welcome to exchange insights with AI and Legal Professionals in comments, and if you find this article helpful, I appreciate sharing with your network.

Author: Pouya Shafabakhsh Co-Founder, CAIO & Principal Forensic AI Auditor, Radsam Academy of AI Sovereign Governance. Independent AI governance and forensic-audit analysis. Educational information only; not legal advice.

Would you be opposed to finding your firm's AI gaps before opposing counsel or insurance companies do? I invite you to assess your firm using our AI Risks Calculator. Safely, securely, privately, and confidentially—with no need to enter any information, not even your email address—you can get a comprehensive AI Risks and Liabilities report in just five minutes.

If you have a sensitive file and want to protect it against AI hallucinations, bias, algorithmic discrimination, and AI-assisted risks through an Air-Gapped Shadow AI Audit before court, or if you are involved in a legal dispute related to AI and need a Judicial Forensic AI Audit, at Radsam, we are willing to assist you whether through our human-based services or by providing our in-house solution, the Sovereign Sanctuary Vault. In these cases, I invite you to fill out our Pre-Qualifying Assessment Form. We will review your information, qualifications, and capacity, and will contact you within two business days.

FAQ

What practical problem does Part 161 filing verification solve for legal teams?

Part 161 filing verification matters when it changes a legal, operational, or evidentiary decision. Start with the actual workflow and consequence. Then choose controls proportionate to the matter.

Which authorities should counsel verify before relying on Part 161 filing verification?

Start with binding law, court rules, professional duties, and contracts relevant to Part 161 filing verification. Separate guidance from mandatory authority. Recheck time-sensitive requirements before relying on them.

Which records best explain Part 161 filing verification if later challenged?

Preserve the sources, material outputs, versions, reviewers, approvals, and exceptions tied to Part 161 filing verification. Keep the record proportionate. It should explain consequential decisions without collecting everything.

Where should human review occur within Part 161 filing verification workflows today?

Human review should occur before Part 161 filing verification affects advice, evidence, filings, or external action. The reviewer needs authority to correct or stop the process. Record material overrides.

How should vendors support Part 161 filing verification without expanding unnecessary risk?

Technology supporting Part 161 filing verification should fit the defined workflow and data sensitivity. Review access, retention, security, exports, and vendor dependencies. Do not treat architecture as a legal guarantee.

When does independent review add value for Part 161 filing verification decisions?

Independent review helps when Part 161 filing verification raises unresolved technical or evidentiary questions. Define a narrow mandate first. Keep legal conclusions with counsel and technical findings within verified limits.

Which misconception most often distorts decisions about Part 161 filing verification today?

Do not assume one tool, log, metric, or control settles Part 161 filing verification. Context and corroborating evidence still matter. State technical findings proportionately and preserve important limitations.

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