AI & the courts
Your words,
tidied and formatted by AI.
Since September 2026, Ireland’s courts have set out how generative AI may be used in court documents. Here is exactly what clerk& does with your words, what it doesn’t do, and the practice directions to read for yourself.
We enclose the updated schedule of special damages and would be grateful if you would confirm receipt.
Yours faithfully,
Your words, tidied and formatted by AI, ready for review.AI & the courts
How it works
You at both ends.
AI in the middle.
The courts’ concern is AI supplying the substance of a court document. In clerk&, the substance comes from you, and the last word is yours.
- You01
Speak
After a consultation, outside court, at your desk. What you say is the substance of the document.
- AI02
Transcribes
Turns your recording into text.
- AI03
Tidies
Punctuation, paragraphs and the odd “um”. Spoken commands like “new paragraph” become layout.
- AI04
Formats
Sets the text in your template: your letterhead, your headings, your house style.
- You05
Review
You read it, change what you want, and decide when it goes out.
What it’s for
Built to handle your words, not to supply them.
clerk& does
- Transcribe what you say
- Tidy it: punctuation, paragraphs, filler words
- Set it in your template and house style
- Keep your recording with the document, so you can play it back
clerk& doesn’t
- Research the law or suggest authorities
- Look up, cite or summarise case law
- Add facts, arguments or evidence you didn’t give it
- Train AI models on your material
One exception you control: a voice edit, such as “make the second paragraph firmer”, asks the AI to reword. The app shows you exactly what changed. Don’t use it on evidence.
The practice directions
Three courts, one expectation.
Use AI with care, verify what it produces, and take responsibility for what you file. Read each direction in full on courts.ie.
HC142
The High Court
- Commencement
- In force 1 September 2026
- Scope
- Civil proceedings
- Anything prepared with AI must be verified by a person, not by another AI tool.
- Every authority, citation and quotation checked against an authoritative source.
- Affidavits and witness statements carry a declaration. Formatting and spell-checking don’t prevent it.
CA16
The Court of Appeal
- Commencement
- In force 1 September 2026
- Scope
- Appeals
- Follows the High Court direction closely, with the same verification duty and the same declarations.
CC34
The Circuit Court
- Commencement
- In force 21 September 2026
- Scope
- Civil and criminal proceedings
- No AI for the substance of affidavits or statements of evidence. Formatting and spell-checking are fine.
- Submissions prepared with AI should say so, and confirm the authorities exist.
- Particular care with discovery undertakings and in camera matters.
The Supreme Court and the District Court have no practice direction on AI as of 29 September 2026.
Courts Service guidance
Using AI to prepare documents for court
Plain-English guidance, written mainly for people representing themselves.
courts.ieFrom the bench
Guidelines for judges on generative AI
The Judicial Council’s guidance to Irish judges on their own use of AI.
judicialcouncil.ieStay current
Every AI practice direction, as it stands
The courts review these directions. This search always shows the latest.
courts.ieDocument by document
Where clerk& fits.
Document
What the directions say
Where clerk& fits
Letters, fee notes, attendance notes, briefs
What the directions say
Not court documents. The directions don’t apply to them.
Where clerk& fits
Most of what clerk& is used for.
Pleadings
HC142 para 23
What the directions say
Pleaded facts, reliefs, authorities and chronologies are checked before filing.
Where clerk& fits
clerk& formats what you say. The checking is yours, as it always was.
Written submissions
HC142 para 24 · CC34 para 5
What the directions say
Verify every authority against an authoritative source. In the Circuit Court, a submission prepared with AI should say so.
Where clerk& fits
clerk& never supplies authorities, so every one in your submission came from you. Check section numbers and citations came through exactly.
Affidavits and witness statements
HC142 paras 25–28 · CC34 paras 2–4
What the directions say
No AI for the substance of the evidence. Formatting, spell-checking and similar functions are permitted.
Where clerk& fits
Use clerk& to transcribe and format only. Don’t use a voice edit to reword evidence, and read every paragraph before it is sworn.
Expert reports
HC142 paras 29–31 · CC34 paras 6–7
What the directions say
The expert’s own opinion, with a declaration and disclosure of any AI use.
Where clerk& fits
Not what clerk& is for.
Before you sign, swear or file
Three habits the directions ask for.
Read it against what you said
Your recording stays with the document. Play it back wherever a name, a date or a figure matters.
Check every number and citation
Section numbers, sums, dates and case names. Speech recognition can hear a “1” as a “2”, and a court won’t care which tool made the slip.
Own the final version
The directions are plain: whoever puts a document before the court is responsible for it, whatever tools helped (HC142 para 9).
Orders, undertakings, in camera
Some material needs more than care.
Both directions say AI should not be used on material covered by a court order or undertaking, discovery included, where that risks disclosure contrary to it. The Circuit Court adds the in camera rule.
- All matter content is processed in the EEA.
- Never used to train AI models, by us or by Google. Contractually.
- Handled by contracted processors under Article 28 GDPR terms, with no human review of your content by the AI provider.
- You can delete a document and its recording at any time.
Those facts help, but they don’t decide the question. Whether an order, an undertaking or the in camera rule allows any outside processor to handle particular material is your judgement. If you’re unsure, keep that material out of AI tools, clerk& included. The Courts Service explains the in camera rule in its guide to family law court. More on how your data is handled on our security page.
Questions
Common questions
Is clerk& generative AI?
Yes. The High Court defines generative AI by what a tool is capable of, and clerk& uses generative models to transcribe, tidy and format. What the directions care about is what the AI is used for. In clerk&, the substance comes from what you say.
Do I have to disclose that I used clerk&?
In the High Court, using AI to prepare a court document does not of itself require disclosure (HC142 para 22), but the court can ask how AI was used, and you should be able to say (para 21). The Circuit Court asks that submissions prepared with AI say so (CC34 para 5). Affidavits and witness statements carry a declaration in both courts. Whether a particular use needs disclosing is your professional judgement; the directions themselves govern.
Can I use clerk& on an affidavit?
Both courts allow AI for formatting, spell-checking and similar functions in affidavits and witness statements, and bar it from generating or rephrasing the evidence. Use clerk& to transcribe and format what is said, don’t use voice edits to reword the evidence, and read every paragraph before it is sworn.
Does clerk& check my citations?
No. clerk& never looks up, suggests or verifies case law. Every authority in a document is one you gave it, and the directions ask you to check each one against an authoritative source (HC142 para 24).
What does “tidied” mean?
Punctuation, paragraph breaks and filler words like “um” and “you know”. Spoken commands such as “full stop” or “new paragraph” become layout, and where you correct yourself mid-sentence, clerk& keeps the correction. It is told never to summarise, shorten or paraphrase what you said.
Last reviewed 29 September 2026. This page explains how clerk& works. It is not legal advice: the practice directions themselves govern, and the courts keep them under review.
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