Judges are still figuring out the best way to preempt misuse of generative AI (GenAI) in their courts as use of AI technology becomes more commonplace in litigation.
Since Judge Brantley Starr of the U.S. District Court for the Northern District of Texas issued the first standing order on the use of AI in preparing court filings in 2023 (Rules & Orders | Northern District of Texas | United States District Court), hundreds of state and federal judges have amended or issued standing orders, general orders, local rules, pretrial orders, and other guidance to address AI use and misuse in their courtrooms. As this landscape continues to evolve, practitioners should understand that judges continue forging their own paths.