Attorneys before the Fifth Circuit may soon have to inform the federal appeals court that their documents were not written using generative artificial intelligence programs and, if they were, that they were reviewed by humans for accuracy (article available here).
The court is accepting comments on the proposed change to its certificate of compliance rules for attorneys and pro se litigants through January 4, 2024. Under the proposed rule, "material misrepresentation" of whether generative AI was used in a court document may result in sanctions and the court tossing the document.
The new rule would require lawyers and those filing without representation to certify that no generative AI tools were used when drafting the document they are filing. If a program was used, they must promise that all the text, including citations and legal analysis, were reviewed for accuracy and approved by a human.