Do federal courts require AI disclosure?
No single nationwide federal civil rule requires disclosure whenever AI assists with a filing, though individual judges may have standing orders addressing its use.
Check the assigned judge’s practices.
Federal Rule of Civil Procedure 11(b) already makes presenting a paper, including signing, filing or later advocating it, a certification based on an inquiry reasonable under the circumstances. Under Rule 11(b)(2), legal contentions must be warranted by existing law or a nonfrivolous argument for changing it.
Facts count as well. Rule 11(b)(3) addresses evidentiary support, with a qualified allowance for specifically identified factual contentions likely to gain support after further investigation or discovery. Rule 11(d) excludes discovery matters governed by Rules 26 through 37.
A real case citation does nothing to cure a misdescribed deposition answer elsewhere in the brief.
American Bar Association Formal Opinion 512, Generative Artificial Intelligence Tools, issued July 29, 2024, calls for independent review suited to the task. Candor duties continue to apply; lawyers cannot hand their professional judgment over to a tool.
What does your signature certify, cite by cite and fact by fact?
Your signature carries the representations imposed by the governing rule, so the review must reach the material those representations cover.
Start with the actual sentence. We use these questions to turn a general instruction to “check the cites” into work someone can complete and another lawyer can review before the filing leaves the office:
Authority and proposition: Locate the case and read its reasoning. Does it support this proposition, given its jurisdiction, procedural posture and subsequent treatment?
Pinpoint citation: Open the cited page. Confirm that its number belongs to the opinion or transcript being cited and that the passage appears there.
Quotation: Compare the words, including omissions and alterations. Read the surrounding text for qualifications the excerpt leaves behind.
Record support: Check whether the exhibit, declaration or deposition supports the sentence as written. Counsel’s inference should not appear as the witness’s testimony.
Inherited facts: Revisit statements carried over from an earlier summary or related brief against this matter’s current record.
In the distributors’ dispute, the summary might say a witness admitted receiving notice when the transcript establishes only delivery to a shared inbox. The reviewer needs to resolve that difference before approving the sentence.