Federal court ruling signals AI prompts used by expert witnesses may be discoverable
By
Matthew Baker
Summary
A federal magistrate judge in Connecticut ruled that AI prompts used by an expert witness (Dr. Naomi Oreskes) in climate litigation against Shell may be discoverable, signaling that courts may treat generative AI use as part of an expert's methodology rather than a mere research aid. The ruling in *Connecticut v. Shell* addresses whether and when AI prompts used by testifying experts must be disclosed during discovery, with implications for legal strategy, expert testimony, and attorney-client privilege in the age of generative AI.
Source
bskyFederal court ruling signals AI prompts used by expert witnesses may be discoverablejdsupra.comKey quotes
· 3 pulledA recent ruling from a federal magistrate judge in Connecticut signals that courts may increasingly treat certain uses of generative AI as part of an expert's methodology, and therefore discoverable, rather than merely a research aid that can remain hidden.
Magistrate Judge Thomas Farrish ordered production of AI prompts used by a testifying expert, Dr. Naomi Oreskes, who relied on ChatGPT to help identify and to sort through a large collection of documents.
The ruling in Connecticut v. Shell addresses whether and when AI prompts used by testifying experts must be disclosed during discovery.
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