The Technology Already in the Room
Most trial practitioners do not realize how much AI is already present in modern courtrooms. Real-time transcription has been AI-powered in most federal courts since 2023. Trial presentation software now includes AI-powered highlighting, annotation, and exhibit management.
On the practitioner side: AI-generated demonstratives and trial graphics are now standard in complex litigation. Litigation support teams at major firms are using AI to process trial transcripts in near-real-time, flagging testimony inconsistencies as they happen so trial counsel can respond.
Decision Support for Judges
The most sensitive AI deployment in litigation is one that is largely not discussed in public: AI-assisted decision support tools for judges. Several jurisdictions in the US, UK, and EU have piloted tools that provide judges with structured summaries of case materials, relevant precedent, and flagged inconsistencies in the record.
The due process questions are not resolved. If a judge uses an AI tool to identify relevant precedents, and a party is not informed that such a tool was used, is that a disclosure obligation? The answer varies by jurisdiction and remains unsettled in most.
What Courts Are Doing
As of April 2026: seventeen federal district courts have standing orders requiring disclosure of AI use in filings. Three circuits have issued general guidance. The Judicial Conference AI Committee has a working group on AI in evidence and procedure.
For practitioners, the practical guidance is straightforward: if you used AI in any aspect of a filing, brief, or presentation, disclose it. The disclosure norm is consolidating regardless of whether it is yet required in your jurisdiction.