Expert Voices: Fifth Circuit’s Proposed Generative AI Rule — A Rule Without a Cause?

The U.S. Court of Appeals for the Fifth Circuit is considering a new certification requirement about the use of generative artificial intelligence. While the proposed rule is thoughtful and well-intentioned, it is largely redundant of existing rules and may invite satellite litigation that interferes with legitimate use of AI to provide quality client service.

The proposed rule, Rule 32.3, adds a sentence to the certificate of compliance required for any Fifth Circuit filing. Counsel would represent that “no generative artificial intelligence program was used in drafting the document presented for filing, or to the extent such a program was used, all generated text, including all citations and legal analysis, has been reviewed for accuracy and approved by a human.” The rule continues by warning: “A material misrepresentation in the certificate of compliance may result in striking the document and sanctions against the person signing the document.”