AI in Civil Procedure: Transforming Justice or Just an Advisor?

Artificial intelligence (AI) is rapidly transforming various aspects of society, and the legal field is no exception. This article delves into the evolving role of AI in civil procedure, exploring its potential benefits and limitations within the Russian legal system. The increasing capabilities of AI, demonstrated by services like GigaChat and ChatGPT, are prompting legal professionals to investigate its application in legal processes and foster the development of LegalTech.

When considering the integration of AI into civil procedure, it's crucial to distinguish between its application in organizational activities and its direct involvement in the administration of justice. While these areas are interconnected, their distinct characteristics necessitate different approaches. Optimizing court operations through technological solutions can contribute to fair and timely justice.

AI can significantly improve court administration by streamlining processes and enhancing accessibility for participants. Technologies like the GAS 'Justice' and 'My Arbitrator' platforms facilitate interaction between the court and parties involved in civil proceedings. However, the vision of a fully electronic justice system requires further development. This includes features such as real-time updates on case progress via push notifications or SMS, instant access to digitally signed court documents, remote participation in hearings via web conferencing, cloud-based electronic case files accessible to appellate courts, and AI-powered virtual assistants to handle routine inquiries.

The author posits that AI should primarily serve as an advisor to judges, providing insights and analysis without directly influencing the evaluation of evidence or case circumstances. This approach leverages AI's analytical capabilities while preserving the judge's role as the ultimate decision-maker. The human element of judicial discretion and the principle of direct judicial proceedings must be safeguarded.

Implementing AI in courts presents both challenges and opportunities. Overcoming obstacles such as data privacy concerns, algorithmic bias, and the need for robust cybersecurity measures is crucial. However, the potential benefits, including increased efficiency, reduced costs, and improved access to justice, make the effort worthwhile.

The rise of LegalTech has significant implications for the legal community. Lawyers and judges must adapt to the changing landscape by acquiring new skills and knowledge related to AI and other emerging technologies. Continuous learning and professional development are essential for navigating the future of law.

The integration of AI into legal processes raises important legal and ethical considerations. Ensuring fairness, transparency, and accountability in AI-driven decision-making is paramount. Clear guidelines and regulations are needed to address potential biases and protect the rights of individuals.

AI holds immense potential to transform civil procedure, enhancing efficiency, accessibility, and the quality of justice. However, it's crucial to proceed cautiously, ensuring that innovation is balanced with the fundamental principles of judicial integrity and fairness. By carefully considering the ethical and legal implications, the legal community can harness the power of AI to create a more just and equitable legal system.