Considerations for Using AI Tools in Your Case

The following Considerations for Using AI Tools in Your Case was created in collaboration with the Federal Pro Bono Project and the Federal Pro Se Program.

Artificial intelligence (AI) tools (such as ChatGPT, Gemini, Claude, Microsoft Copilot, etc.) can create text in response to user prompts. Some self-represented litigants may consider using these tools when preparing court filings.

This information is provided for general educational purposes only about the risks and responsibilities associated with using AI tools in federal court and does not constitute legal advice.

What to Watch Out For

AI Can Make Up Legal Citations

One of the most serious risks is that AI tools sometimes generate case names, docket numbers, and legal citations that look real but do not exist. This is called “hallucination.” If you include a made-up citation in a court filing, you could face sanctions, have your case dismissed, or lose credibility with the judge. Always look up every case or rule an AI gives you before you use it.

AI May Give You Outdated or Wrong-Court Information

AI tools may generate outdated information, which doesn’t reflect recent updates to the Federal Rules of Civil Procedure, this Court’s Local Rules, or current Ninth Circuit precedent. They also frequently mix up rules from different courts; for example, giving you state court procedures when federal rules apply, or rules from a different circuit that don’t apply here. Always confirm procedural requirements directly from this Court’s website.

Be Careful About What You Share with AI Tools

When you type information into an AI tool, it may be stored or used to train future versions of the product. Use general descriptions rather than entering sensitive details like Social Security numbers, financial account numbers, medical records, or the names of minor children. What you type into an AI tool is not confidential.

AI Sounds Confident Even When It’s Wrong

AI responses often sound authoritative and well-reasoned, but that tone doesn’t mean the analysis is correct. An AI may give you an argument that sounds strong but has no legal merit, misapplies the burden of proof, or overlooks a procedural problem that could get your case dismissed. Don’t assume something is legally sound just because it sounds persuasive.

AI-Generated Documents May Not Meet This Court’s Requirements

Filings in this Court must meet specific formatting requirements under the Civil Local Rules, including rules about font, margins, page limits, caption format, and certificates of service. AI tools often produce documents formatted for a different court or an outdated version of the rules. A document that looks professional can still be rejected by the Clerk’s Office or stricken by the judge if it doesn’t comply. Before you file anything, check the current Local Rules and your judge’s standing orders at cand.uscourts.gov.

AI Only Knows What You Tell It

An AI tool can only work with what you give it. It can’t review your actual case file, evaluate the credibility of witnesses, spot unfavorable evidence, or tell you how judges in this district typically rule. If you describe your situation inaccurately or leave out important facts, the AI’s advice may be misleading, or even harmful to your case.

You Are Responsible for Everything You File

When you sign and file a document, you are certifying under Federal Rule of Civil Procedure 11 that the legal arguments are supported by existing law and that the facts have evidentiary support. This applies whether or not AI helped you write it. If an AI makes a mistake and you file it, that mistake is yours. Read everything carefully before you submit it.

How to Use AI Tools Responsibly

Always Verify Legal Citations Before You Use Them

Before you file anything that cites a case, statute, or rule, confirm that it exists and actually says what you think it says. Free resources you can use include:

• Google Scholar (scholar.google.com) for federal and state court opinions
• Cornell Legal Information Institute (law.cornell.edu) for statutes and rules
• The Court’s website (cand.uscourts.gov) for Local Rules and standing orders
• Westlaw or Lexis, available at many public law libraries at no cost

Don’t trust a citation just because it looks official. If you can’t find it in one of these sources, don’t use it.

Use AI to Help with Writing, Not Legal Decisions

AI can be a helpful drafting tool. It can help you organize your ideas, improve clarity, and check your writing for readability. It is much less reliable for figuring out what the law actually requires in your specific situation. Use AI to help with the writing and use legal sources like those listed above to verify the substance of your legal arguments.

Check the Court’s Rules and Your Judge’s Orders Before Filing

The current Local Rules are posted at cand.uscourts.gov. Your assigned judge may also have individual standing orders with additional requirements. Before you file any document, confirm it meets both the Local Rules and your judge’s standing orders—both are available on the Court’s website. AI tools won’t know about your judge’s specific requirements.

Protect Your Personal Information

When describing your situation to an AI tool, use general terms rather than entering specific personal details. Avoid typing in full names, Social Security numbers, financial account numbers, medical records, or information about minor children. What you enter is not confidential and may be stored or used to improve the product.

Read Everything Carefully Before You File It

Read every word an AI produces before including it in a filing. Ask yourself: Is this accurate? Does this citation actually exist? Do I understand what this argument is saying? If you don’t understand something, don’t file it; you may be asked to explain or defend your filing at a hearing. It also helps to ask someone else to read your documents before you submit them.

Try Free Resources that are Listed on the Court’s website

Before relying on AI output, you may want to use these free resources:

• The Federal Pro Bono Project’s Legal Help Center, which offers free appointments to self-represented litigants in civil cases
• The Court’s Pro Se Handbook, available on the Court’s website

Check Whether You Need to Disclose That You Used AI

Some judges in this district require you to disclose when AI was used to help prepare a filing. Check your judge’s standing orders to find out. If you’re not sure, the cautious approach is to include a brief note stating that you used an AI tool to assist with drafting and that you take full responsibility for the accuracy and contents of the document.

Note: This content is provided for informational purposes only. It does not constitute legal advice. Information on free and low-cost legal resources is available on the Court’s website.

Where can I find reliable legal information?

You may find helpful information at:

• The U.S. District Court, Northern District of California website.
• The Federal Rules of Civil Procedure and Local Rules.
• Public law libraries and self-help resources.

Frequently Asked Questions

Reminder:

If you choose to use an AI tool:

• Remember that any information you provide or receive is not confidential.
• Carefully review all generated content.
• Verify all legal authorities and citations.
• Confirm that factual statements are accurate.
• Ensure your filing is accurate and complete.