The Law Mind

Standing Order MC-11 Discolsure and Certification Requirements for use of General Artificial Intelligence

E.D. Tex. Standing Order (Marcia Crone) · Marcia Crone

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION STANDING ORDER MC-11 DISCLOSURE AND CERTIFICATION REQUIREMENTS FOR USE OF GENERATIVE ARTIFICIAL INTELLIGENCE In this court, and in courts across the United States, the use of generative artificial intelligence technology (“AI”) in the preparation of filings has grown increasingly frequent. While the court recognizes that AI can be a beneficial tool in the legal landscape, especially for pro se litigants who often lack the resources to prosecute and/or defend their interests effectively, these tools can—and oftentimes do—produce fictitious legal authority that can pose serious risks. “Many harms flow from the submission of fake opinions.” Mata v. Avianca, Inc., 678 F. Supp. 3d 443, 448 (S.D.N.Y. 2023). For instance: The opposing party wastes time and money in exposing the deception. The Court’s time is taken from other important endeavors. The client may be deprived of arguments based on authentic judicial precedents. There is potential harm to the reputation of judges and courts whose names are falsely invoked as authors of the bogus opinions and to the reputation of a party attributed with fictional conduct. It promotes cynicism about the legal profession and the American judicial system. And a future litigant may be tempted to defy a judicial ruling by disingenuously claiming doubt about its authenticity. Id. at 448-49. Given this court’s and other courts’ recent experiences, it is necessary to remind all parties who appear before the court—represented by counsel or appearing pro se in criminal cases and/or civil cases—of their obligations under Federal Rule of Civil Procedure 11, as well as the Eastern District of Texas Local Rules. Federal Rule of Civil Procedure Rule 11(b)(2) requires a party filing any litigation document to certify that “the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law.” FED. R. CIV. P. 11(b)(2). Moreover, the Eastern District of Texas’s Local Rules explicitly caution attorneys and pro se litigants that AI may produce factual and legal inaccuracies and remind all litigants that they are responsible for reviewing and verifying the contents of their filings. See Rule CV-11(g); Local Rule AT-3(m); see also Local Rule AT-3(b) (stating that a lawyer owes a duty to exercise candor, diligence, and utmost respect to the judiciary). Pursuant to the court’s inherent supervisory authority over the conduct of parties appearing before it, and in light of the court’s responsibility to uphold the integrity of the judicial process, the court may impose sanctions for a party’s filing of documents that violate these principles. Sanctions may include fines, dismissal of the responsible party’s case, non-monetary directives such as completing education programs, reporting to the relevant disciplinary boards, and other appropriate measures. The fact that AI was used to create the offending document will not excuse or absolve ethical infractions. In addition, the court imposes the following disclosure and certification requirement on all parties—represented or appearing pro se in criminal cases and/or civil cases—when they submit a filing with this court: If a party utilizes AI to draft or assist in drafting a pleading, the party must include with the pleading a “Certificate of Generative Artificial Intelligence Usage.” The certificate must disclose the use of AI and certify that the party has independently verified the accuracy of any portion of the document drafted or assisted by the tool. The party must further certify that the use of AI has not resulted in the disclosure of confidential or privileged information to an unauthorized party. IT IS SO ORDERED. 2 SIGNED at Beaumont, Texas, this 20th day of July, 2026. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 3
Official source: https://www.txed.uscourts.gov/sites/default/files/judgeFiles/Standing%20Order%20MC-11%20%2 · retrieved 2026-07-22