'The Role and Position of AI Evidence in Civil Litigation' - an article published in 𝘔𝘦𝘥𝘪𝘤𝘪𝘯𝘦, 𝘓𝘢𝘸 𝘢𝘯𝘥 𝘚𝘰𝘤𝘪𝘦𝘵𝘺 on #ScienceOpen -
From University of Maribor Press: 
https://www.scienceopen.com/document?vid=1e7c6cd6-3e01-4b04-999e-e4b91d710877
ScienceOpenThe Role and Position of AI Evidence in Civil Litigation<p xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" class="first" dir="auto" id="d11329083e57">
This article examines the role and position of AI evidence in civil litigation. Despite
the sporadic appearance of such evidence in court proceedings, it has the potential
to revolutionize the evidential field and change our understanding of the nature and
evidential qualities of existing types of evidence. After a thorough examination of
the key technical specifications of AI, different classifications of AI evidence and
various approaches to treatment of AI evidence, the author suggests how AI evidence
should be treated according to the Slovenian Civil Procedure law. It is inferred that
standard evidence rules can be applied to AI evidence, if the probative value of such
evidence does not depend on the AI involved. In cases where probative value of evidence
depends on the involved AI system, AI evidence can nevertheless be treated as witness
or expert evidence, or, precisely, as ex parte affidavit or private expert opinion
depending on the level of human or AI contribution to the content of AI evidence.
The author concludes that black box and bias problems of AI systems generating evidence
have to be properly addressed in order for AI evidence to achieve full evidential
value and reliability.
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