Courts Mandate New AI Disclosure and Certification for Litigation

Judicial systems are rolling out directives on AI use, mandating disclosure and accuracy certification in filings.

With artificial intelligence reshaping legal practice, courts are issuing a wave of new guidance to promote transparency, accuracy, and ethical standards in litigation. The U.S. District Court for the District of Hawaii now requires parties to disclose any use of generative AI in court filings and demand certification of the accuracy of AI-generated content.

• New York’s judiciary, with Part 161 taking effect June 1, 2026, takes a different approach: attorneys need not disclose AI’s involvement, provided they comply with standard professional obligations.
• The Qatar International Court requires attorneys to verify and certify that AI-generated filings are accurate and that confidentiality is protected—highlighting growing international attention.
• The 19th Judicial Circuit in Illinois bans using AI to generate or alter evidence without clear disclosure and explicit court approval.

Guidelines also address data protection. The Supreme Court of Virginia prohibits parties from entering non-public or confidential information into generative AI tools given privacy risks.

Case law is emerging: In Morgan v. V2X, Inc., a Colorado federal court ruled that AI-assisted litigation materials—when created via public AI tools—still receive protections as work product under Rule 26(b)(3).

Chief Justice Patricia Guerrero noted, “Generative AI brings great promise, but our guiding principle should be safeguarding the integrity of the judicial process.” Faisal bin Rashid al-Sahouti, CEO of QICDRC, said, “This directive underscores the court’s commitment to keeping pace with cutting-edge technological advances in the litigation field.”

Yes, but: Full details on enforcement mechanisms and compliance costs remain unclear.