The introduction of evidence using Artificial Intelligence in Polish Civil Proceedings

Abstract

In light of the ongoing “artificial intelligence revolution,” courts are increasingly encountering instances where evidence generated using artificial intelligence is admitted. AI systems are also frequently employed by court experts in preparing their opinions. Today, artificial intelligence systems are embedded in our homes and vehicles. This article addresses the issue of introducing evidence that is either created or obtained with the assistance of artificial intelligence, as viewed through the lens of evidentiary means defined in the Polish Code of Civil Procedure. A distinction is drawn between the use of AI systems as autonomous evidence (a type of event witness) and their use as a tool in the hands of an expert witness. The article poses questions regarding whether the current legal framework adequately allows for the proper admission of such evidence, or whether legislative amendments are necessary.

It further highlights the challenges associated with evaluating AI-generated evidence, particularly the issue of transparency and the intelligibility of AI operations – both of which are crucial for safeguarding the principle of adversarial proceedings, the equality of arms, and the constitutional right to a fair trial. The article concludes with proposals for potential directions of legal reform, drawing on the experiences of other jurisdictions.