House Bill No. 178 by Representative Mike Johnson of Pineville, Louisiana introduced several amendments to various articles of the Civil Code and Code of Civil Procedure. Louisiana Governor Jeff Landry signed HB 178 into law on June 11, 2025. It became Act No. 250 and will go into effect on August 1, 2025. HB 178 establishes the first inclusive statewide framework for addressing artificial intelligence ("AI")-generated evidence. In a time when AI is being used by attorneys and even judges, it is noteworthy that Louisiana has enacted legislation intended to regulate the use of AI-generated evidence.
Effective August 1, 2025, new paragraph C in Article 371 of the Louisiana Code of Civil Procedure will require attorneys to use "reasonable diligence" to verify the authenticity of evidence before offering it to the court. The new paragraph states that "if an attorney knew or should have known through the exercise of reasonable diligence that evidence was false or artificially manipulated, the offering of that evidence without disclosure of that fact shall be considered a violation of this Article."
Article 371 does not define what constitutes "reasonable diligence," leaving its meaning and application in practice to be determined by the courts according to the particular facts at issue in individual cases. It should be noted that "reasonable diligence" is a phrase used in the Louisiana Rules of Professional Conduct Rule 1.3, which states that "a lawyer shall act with reasonable diligence and promptness in representing a client." Courts may well apply interpretations of that phrase in Rule 1.3 to issues that may arise under Article 371. Regardless, violations of new paragraph C may subject the attorney to punishment for contempt of court and further disciplinary actions.
Article 1551 has also been amended to consider AI-generated evidence and address those concerns in civil proceedings. For example, "if a party has reasonable suspicion that an opposing party's exhibits are falsified, including having been generated by artificial intelligence or altered by any means, the party shall raise these concerns at the pretrial conference or at a pretrial hearing on the admissibility of the exhibits." Likewise, "if a party knows or has reason to know that its exhibits have been falsified, including having been generated by artificial intelligence or altered by any means, the party shall disclose this fact in accordance with Article 371."
While this may appear to be a soft approach to addressing AI in the practice of law in Louisiana, Act 250 seems to embrace the use of AI and does not eliminate it from practice or restrict its use. As attorneys, we may anticipate AI and its use encroaching more and more into our practice in all areas, even the court room, and can expect to see the Louisiana legislature's continued efforts to address and regulate its use. After all, Rule 1.1 of the Louisiana Rules of Professional Conduct requires that attorneys to be competent and maintain their competency. In 2025, it appears AI is here to stay.
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