Court Rules Requiring AI Disclosure: A State-by-State Guide

Since the Mata v. Avianca sanctions in June 2023, courts across the country have adopted rules requiring attorneys to disclose when AI tools were used to draft or research filings. The landscape changes frequently as new judges issue standing orders and courts update their local rules.

At the federal level, there is no uniform rule. The Judicial Conference has discussed the issue but has not issued a binding national policy. Instead, individual judges and districts have acted independently, creating a patchwork of requirements that attorneys must navigate based on where they practice.

Several federal judges have been particularly active. Judge Brantley Starr of the Northern District of Texas was among the first to require a certification that AI was not used, or if it was, that a human verified every citation. Judge Michael Baylson of the Eastern District of Pennsylvania requires disclosure of AI use in an appendix. The District of Colorado and the Northern District of Illinois have similar requirements.

At the state level, adoption varies widely. California, New York, and Texas, as the largest legal markets, have seen the most activity. California courts have discussed AI disclosure in the context of existing ethical obligations. New York courts have addressed it through individual judicial orders. Texas courts, following the Greenbook tradition of supplementing Bluebook rules, have approached it through local practice guidelines.

For attorneys, the practical takeaway is straightforward: assume disclosure is required unless you have confirmed otherwise for your specific court. Check the judge's standing orders, the district's local rules, and any recent administrative orders. When in doubt, disclose.

Certavi maintains a database of court rules related to AI disclosure, updated as new rules are issued. The rules are reviewed by human operators before publication to ensure accuracy. Attorneys can check whether their filing court has specific requirements directly from the verification results page.