AI Prompts Used by Expert Are Subject to Compelled Discovery
A court has ruled that AI prompts used by an expert witness are subject to discovery in a case involving the Conservation Law Foundation and Shell Oil Company. The court disagreed with the plaintiff's arguments that these prompts were not relevant to the expert's methodology. As a result, the plaintiff is required to provide any AI prompts or queries used by the expert in her report preparation.
- ▪The court ruled that AI prompts used by an expert witness are discoverable under Rule 26(b).
- ▪The plaintiff argued that the prompts were not relevant, but the court found this position unconvincing.
- ▪The plaintiff must revise its responses to discovery requests regarding AI prompts used by the expert.
Opening excerpt (first ~120 words) tap to expand
AI in Court AI Prompts Used by Expert Are Subject to Compelled Discovery Eugene Volokh | 5.26.2026 11:01 AM From Judge Thomas O. Farrish (D. Conn.) last Monday in Conservation Law Foundation, Inc. v. Shell Oil Co.: The defendants, Shell Oil Company and others ("Defendants"), have moved the Court for an order compelling the plaintiff, Conservation Law Foundation, Inc. ("CLF"), to produce materials on which its expert witness, Dr. Naomi Oreskes, relied upon in producing her expert witness report…. The parties … had resolved all issues identified in the letter briefs except for "their dispute concerning Defendants' request for the prompts Dr.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at Reason Magazine.
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