11th and 17th circuits order disclosure, certification of AI use in court filings
Two of Florida’s largest judicial circuits now require lawyers and self-represented litigants to disclose AI-generated court submissions, and to certify their accuracy.
Failure to comply could result in sanctions that range from the striking of the pleadings to monetary sanctions, contempt proceedings, or disciplinary referral.
In the past several weeks, chief judges in Miami-Dade and Broward counties issued AI-related administrative orders governing the 11th and 17th judicial circuits, respectively.
Eleventh Judicial Circuit Chief Judge Ariana Fajardo Orshan issued Administrative Order No. 26-04 “Re: Disclosure of Use of Generative Artificial Intelligence by Attorneys and Self-Represented Litigants,” on January 15. The three-page order is divided into sections detailing “Applicability,” “Mandatory Disclosure of AI Use,” “Required Certification,” “Duty of Candor and Responsibility,” “Prohibited Conduct,” and “Sanctions.”
“Any attorney or self-represented litigant who uses any generative artificial intelligence tool in the preparation of a pleading, motion, memorandum, response, proposed order, or other court record, must disclose such use on the face of the filing,” the order states in part.
The order lists a required certification that must appear on AI-generated court submissions, and that “in substantial form” must state:
“Generative artificial intelligence was used in the preparation of this filing. The undersigned certifies that all factual assertions, legal authority, and citations have been independently reviewed and verified for accuracy and accepts full responsibility for the contents of this filing.”
Seventeenth Judicial Circuit Chief Judge Carol-Lisa Phillips issued Administrative Order 2026-03-Gen, “Use of Artificial Intelligence in Court Filings,” on January 26.
The three-page order is also divided into sections, “AI Use or Assistance,” “Attorney Responsibility,” “Pro se Litigant Responsibility,” “Confidentiality and Authenticity,” “Certification,” and “Sanctions.”
The order states, in part, that “When AI has been used or assisted in the use of preparation, researching, drafting pleadings, drafting documents, filing documents, and/or discovery requests, the document shall identify the specific tool used in such manner.”
In addition to disclosure, the order requires that all AI-generated content must be reviewed for accuracy, and include, on its face, the following:
“The undersigned herby certifies that generative artificial intelligence was used to prepare this [TITLE OF DOCUMENT BEING FILED]. The undersigned has independently verified the accuracy of every citation to the law and /or the record, and the accuracy of any language drafted by generative artificial intelligence, including quotations, citations, paraphrased assertions, facts, and legal analysis.”
Failure to comply with the order in the 11th Judicial Circuit could lead to sanctions that include, “striking of the filing; denial of requested relief; monetary sanctions; contempt proceedings; referral to The Florida Bar or other appropriate authority; and any other sanction deemed appropriate by the Court.”
Failure to comply with the order in the 17th Judicial Circuit could lead to sanctions that include, “contempt; striking of pleadings or dismissal of action; fines and/or the imposition of attorney’s fees; and referral to The Florida Bar for disciplinary proceedings.”
