Using AI in arguing your case is permitted, though there are guidelines and rules that you must follow. Most importantly, regardless of which tools you use, you are responsible for everything you file with the Court. The FAQs below may answer specific questions that you have.
If you choose to use an AI tool, you remain responsible for everything you file with the Court.
Under Federal Rule of Civil Procedure 11, when you file a document, you certify that:
- Your claims and arguments are legally supported.
- Your factual statements have evidentiary support.
- Your filing is not misleading or improper.
These responsibilities apply regardless of whether you used an AI tool.
You may use AI tools to assist with:
- Understanding legal terms or procedures.
- Organizing information.
- Drafting text.
However, AI tools:
- Are not lawyers.
- Do not provide legal advice.
- May produce incorrect or misleading information.
AI tools may:
- Provide incorrect legal information.
- Generate nonexistent or inaccurate case citations, sometimes referred to as “hallucinations.”
- Misstate the law or apply the wrong legal standard.
- Misinterpret the facts of your case or include inaccurate facts.
- Be discoverable by a party in your case.
The Court may take action, such as imposing sanctions, if a filing contains false or misleading information.
Yes.
Before including any information in a filing, you should:
- Confirm that any cited case exists.
- Read the case to ensure it supports your position.
- Verify that statutes, rules, and quotations are accurate and current.
- Review the original sources and not rely on AI-generated summaries.
You may use reliable sources such as:
- Official court websites.
- Public law libraries.
- Recognized legal research databases.
Some judges in the Northern District of California have requirements about disclosing the use of AI tools.
You should:
- Review your assigned judge’s Standing Orders and the Local Rules.
- Follow any applicable requirements.
If you are unsure, you may wish to disclose your use of AI tools and confirm that you reviewed all content for accuracy.
Use caution when entering information into AI tools.
AI tools are typically operated by third-party companies. Information you provide to (or receive from) AI tools may:
- Be stored or processed outside your control.
- Not be confidential.
- Potentially be used by the AI service provider.
- Not be protected by attorney-client privilege.
- Be discoverable by a party in the case.
You may wish to avoid entering:
- Sensitive personal information.
- Confidential or private details.
- Information subject to legal privilege.
Submitting inaccurate information may result in:
- The Court disregarding your filing.
- Sanctions or other consequences.
- Harm to your credibility with the Court.
You are responsible for ensuring the accuracy of all filings.
No.
AI tools cannot:
- Represent you in court.
- Provide legal advice.
- Exercise professional legal judgment.
If possible, you are encouraged to seek assistance from:
- The Court’s Legal Help Centers.
- A licensed attorney.
- Remember that any information you provide to AI, or receive from AI, is not confidential.
- Carefully review all AI-generated content.
- Verify all legal authorities and citations.
- Confirm that factual statements are accurate.
- Ensure your filing is accurate and complete.