Counsel warns AI transcripts could shift litigation costs and strategy

Oct 6, 2026

At argument in No. 250463, the real party argued that outsourcing written deposition transcripts to third‑party transcription vendors can change motion practice and increase costs, while relator's counsel said recordings and rules mitigate practical harms.

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Miss Bryant, arguing for the real party, told the court that the availability of written transcripts produced by outside transcription services changes how cases are litigated and may be used to increase discovery burdens. "It's going to exponentially increase discovery costs," she said, arguing those costs could drive settlements based on economic leverage rather than merits.

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