Background
Judge Nina Y. Wang of the United States District Court for the District of Colorado issued a standing order governing the use of generative artificial intelligence in court filings, requiring an ‘AI Certification’ in every filing regarding the use or non-use of generative AI in drafting, with specific duties to ensure human review for accuracy and non-fictitious authority, and warning that non-compliant filings may be stricken with leave to re-file. The standing order is effective and applies to court filings from 01/12/2025.
AI Interaction
The standing order directly regulates generative AI use in drafting and requires a filing-level disclosure and accuracy attestation, including: ‘Every filing shall contain an AI Certification regarding the use, or non-use, of generative AI (such as ChatGPT, Harvey.AI, or Google Gemini) in preparing the filing,’ ‘each individual must certify that any language drafted by AI (even if later edited by a human) was personally reviewed by the filer or another human for accuracy and that all legal citations reference actual non-fictitious cases or cited authority.’ And ‘Filings that do not comply with the AI Certification requirement may be stricken without substantive consideration and with leave to re-file a compliant document.’
Note:
Imposes a mandatory AI Certification for every filing and authorises striking non-compliant filings with leave to re-file.