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<p><span>Artificial Intelligence in Civil Procedure: A Comparative Analysis of Judicial Readiness in Rwanda and India</span></p>

Domain:

digital infrastructure

Record type:

paper
Creator:
MugMeg
Publisher:
Elsevier BV
Host:
This paper compares the judicial preparedness of Rwanda and India to incorporate Artificial Intelligence (AI) in civil procedure to overcome the systemic case-flow and provide justice. These countries in the Global South are implementing algorithmic justice in different ways, with Rwanda's centralized e-Case management system (Integrated Electronic Case management System, IECMS) standing in contrast with India's e-Courts project, which is massive and has seen AI pilots like in the Madras High Court that are record-bound. The study assesses and analyzes the compatibility of AI tools with the existing frameworks of evidence, namely the Rwanda legislation and India's recently enacted Bharatiya Sakshya Adhiniyam (BSA), 2023. The results show significant advances in technology in both countries, but no specific legislation has been passed to control nonhuman judicial aids, which poses important ethical issues with AI hallucinations and automation bias. While existing regimes, including the high-fidelity certification in India, provide good technical protection, a new generation of legal protection is sorely needed to ensure the integrity of the adjudicatory system. This paper suggests a customized "Digital Procedure Code" to strike the balance between the efficiency of AI and the certain rights to a fair trial. This framework should require disclosure of AI use by parties, have a human-corroboration principle (that forbids relying only on AI-based summaries), and establish a standard audit trail for the algorithms, thereby opening up the algorithmic black box to appellate review.

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