What is common knowledge? Consider consulting ChatGPT, as the panel in Ross v. United States, a case before the District of Columbia Court of Appeals did. In an opinion issued on February 20, 2025, the majority and dissenting judges publicly disclosed and discussed their use of artificial intelligence (“AI”) tools—specifically, ChatGPT—to assist in reaching a determination regarding whether the government’s reliance on “common knowledge” was sufficient to fill critical gaps in the government’s case. Following in the footsteps of a federal appellate court, dissenting Associate Judge Deahl used ChatGPT to make a point regarding common knowledge, while the majority responded with its own ChatGPT example. For law firms, clients, and legal practitioners, this opinion signals the judiciary’s growing interest, reliance and use of AI tools in the courtroom.
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