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The Volokh Conspiracy · October 2, 2026 · On the brief until October 16, 2026

Which Parts of an Expert's ChatGPT History Related to Preparing Expert Report Must Be Disclosed?

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THE AI ANGLE
Summarizing legal cases and drafting text for an expert witness report

A federal court ruled on how discovery rules apply to an expert witness who used ChatGPT to prepare a report. The judge ordered the expert to disclose the AI-generated case summaries because they count as facts or data considered in forming an opinion. The user prompts, deposition outlines, and draft sections remain protected as work product.

Summary written by AI Business Lens with an AI model from the article at reason.com. It is not the article, and the publisher has not reviewed it. For publishers.

THE TEACHING ANGLE
Courts must separate discoverable factual inputs generated by software from an expert's protected mental impressions and drafts.

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