US Judge Urges Nationwide Rule to Curb Fake AI-generated Case Citations

A federal magistrate judge in Florida has called for the US judiciary to adopt a nationwide rule aimed at preventing litigants from citing fake case law generated by artificial intelligence in court filings.

US Magistrate Judge Patty Barksdale in Jacksonville has asked the US Judicial Conference’s rulemaking body to consider introducing a policy similar to one recently adopted by the Florida Supreme Court. The state’s top court on Thursday amended its rules to require attorneys and self-represented litigants to certify that any cases cited in their filings are real and accurately referenced.

The Florida Supreme Court’s new rules, which take effect on June 15, also empower judges to impose sanctions on litigants who submit filings containing fabricated legal authorities, including non-existent cases produced by AI tools.

A public email sent by Judge Barksdale outlining her proposal was made available by the federal judiciary and has been listed as pending review by the Judicial Conference’s Advisory Committee on Civil Rules. The committee is expected to consider the proposal at its next meeting in October.

Judge Barksdale did not respond to a request for comment.

Her suggestion comes amid a growing number of court rulings across the United States in which lawyers have been sanctioned or reprimanded for misusing generative AI in legal submissions. While the use of AI tools is generally permitted, attorneys are still bound by professional obligations to verify the accuracy of all citations and filings.

Her own court, the US District Court for the Middle District of Florida, last month issued a standing order requiring litigants to certify in all filings that either no generative AI was used in drafting them, or that any AI-generated content was carefully reviewed for accuracy.

Judge Barksdale said that a nationwide rule would help address the use of generative AI in legal drafting and prevent the need for individual judges to introduce separate standing orders where gaps exist in Rule 11 of the Federal Rules of Civil Procedure.

Rule 11 requires attorneys and self-represented litigants to certify that their submissions are not frivolous and are grounded in existing law. Breaches of the rule can result in sanctions.

She has proposed amending Rule 11 to explicitly require litigants to confirm that “the legal authorities exist and are accurately cited.”

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