The role of artificial intelligence in civil litigation

Abstract

Artificial Intelligence (AI) is a transformative technology that has emerged in the early twenty-first century, enabling computers to perform tasks traditionally requiring human intelligence. This study examines the role of AI in civil litigation in South Africa, focusing on its growing influence in legal practice. The adoption of AI in civil litigation is expanding at an unprecedented rate, surpassing initial expectations and progressing more rapidly than the first industrial revolution. This research explores the key areas of civil litigation impacted by AI, including online dispute resolution, electronic discovery and document review, legal research, and predictive analytics. As AI continues to reshape legal processes, it is essential to assess both its benefits and potential risks. Furthermore, this study proposes regulatory measures to ensure the ethical and responsible use of AI in civil litigation. The absence of a clear regulatory framework poses significant threats to fundamental procedural guarantees in civil justice, including the right to a fair trial, equality, human dignity, freedom, and effective adjudication. Accordingly, this research seeks to address the fundamental rights concerns associated with the unethical use of AI-driven tools in legal practice. By doing so, it aims to contribute to the development of a legal framework that upholds the integrity of the legal profession while embracing technological advancements.