Source: Brownstein

The Tenth Circuit Court of Appeals has proposed Rule 46.5 to address verification of court documents prepared with generative AI assistance. The proposal remained subject to adoption, with an intended effective date of 1 January 2027. Attorneys would certify that a human independently checked AI-assisted documents before filing or submission. The quoted proposal covers the existence of cited authorities, the accuracy of quotations, citations and legal analysis, and compliance with applicable rules and ethical obligations. The commentary explains that verification would include checking whether an authority actually supports the legal proposition advanced.

David Meschke, Sean Cuff and Kendra Gipson provide professional commentary on the proposal and its implications for legal practice. The authors explain that the proposal would permit AI assistance while requiring certification of human verification, rather than disclosure of every type of AI use. According to the authors, violations could expose document signatories, represented parties or both to sanctions under the proposed rule. The authors recommend training lawyers and legal staff to recognize generative AI errors and reinforcing existing duties of accuracy. The authors also argue that clients seeking AI-related savings should recognize human research, judgment and verification as essential parts of legal service.