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, but according to at least one commentator the new rule essentially just "reminds lawyers of something that predates computers, the internet, and probably most of the courthouses we practice in today: if you put your name on a filing, you are responsible for what is in it." For more on the story go here and here.
It is true that the new rule states the obvious: that it is required that all AI-generated content must be reviewed for accuracy. But the new rule goes further by requiring actual disclosure of the use of AI, something I don't think many other jurisdictions are requiring explicitly yet.
According to one source, the order states that “[a]ny 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.”
Interestingly, the two circuits apparently did not agree on the appropriate sanctions for violations of the rule.
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.”
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