10th Cir.: Tenth Circuit Proposed Rule 46.5(B)(4): Generative AI Review Representation (2…
Proposed by the U.S. Court of Appeals for the Tenth Circuit (public comment notice) · U.S. Court of Appeals for the Tenth Circuit
Verified September 28, 2026
- Citation
- Tenth Circuit Proposed Rule 46.5(B)(4): Generative AI Review Representation (2027 Rules, Public Comment Draft)
- Order date
- September 18, 2026
Status and prospective requirement
Not yet in force (Proposed, not in force (comments due Oct 18, 2026)). If adopted as proposed it would require: Proposed Rule 46.5(B)(4): by presenting a brief, motion, or other paper, an attorney or unrepresented party would certify that 'any document prepared with the assistance of generative artificial intelligence has been reviewed', before filing or submission to the court, 'by a human who has independently verified the existence of all cited authorities; the accuracy of all quotations, citations, and legal analysis; and the document's compliance with all relevant rules and ethical obligations.'
What the proposal would require
- Proposed Rule 46.5(B)(4): by presenting a brief, motion, or other paper, an attorney or unrepresented party would certify that 'any document prepared with the assistance of generative artificial intelligence has been reviewed', before filing or submission to the court, 'by a human who has independently verified the existence of all cited authorities; the accuracy of all quotations, citations, and legal analysis; and the document's compliance with all relevant rules and ethical obligations.'
- The representation would sit in Rule 46.5(B) beside the existing certifications that a paper is not presented for an improper purpose, that its issues are warranted by law, and that its factual contentions are supported in the record.
- Rule 46.5(C), as shown in the redline, allows sanctions on 'the person who signed it, a represented party, or both', including waiver of the affected issue, striking of a non-compliant document, dismissal or affirmance of the appeal, and monetary sanctions. The Clerk's memorandum states that the proposed revisions to subsections (B) and (C) 'are intended to address the increased use of generative artificial intelligence by both lawyers and pro se litigants.'
- No disclosure of AI use would be required; the duty is human review and verification, certified by presenting the paper.
- The Clerk's memorandum of September 18, 2026 states that the changes 'will take effect on January 1, 2027', that comments may be submitted to Clerk@ca10.uscourts.gov 'through October 18, 2026', and that the final 2027 rules 'will be posted to the court's website no later than November 30, 2026.'
Practice areas: federal appellate
What the proposal would do
On September 18, 2026 the Tenth Circuit posted its 2027 rules revisions for public comment (full redline). Among them is a new paragraph (4) in Rule 46.5(B), the rule under which presenting a paper to the court is itself a set of representations. As proposed, an attorney or unrepresented party presenting a brief, motion, or other paper would certify that:
“(4) any document prepared with the assistance of generative artificial intelligence has been reviewed”, “before filing or submission to the court”, “by a human who has independently verified the existence of all cited authorities; the accuracy of all quotations, citations, and legal analysis; and the document’s compliance with all relevant rules and ethical obligations.”
What it would and would not require
No disclosure. Nothing in the proposed text requires a filer to state that generative AI was used. The duty is review and verification, and presenting the paper certifies it.
A human reviewer, not necessarily the signer. The review must be done “by a human,” before filing. The text does not require that the signer personally perform it, though the signer makes the representation.
Beyond citations. The verification reaches the existence of authorities, the accuracy of quotations, citations, and legal analysis, and compliance with rules and ethical obligations.
Sanctions. Rule 46.5(C), as the redline shows it, lets the court sanction the signer, a represented party, or both, with sanctions including waiver of the affected issue, striking the document, dismissal or affirmance of the appeal, and monetary sanctions.
Status
This is a proposal, not a rule in force. The Clerk’s memorandum states that the rule changes “will take effect on January 1, 2027,” that comments may be submitted “through October 18, 2026,” and that the final 2027 rules “will be posted to the court’s website no later than November 30, 2026.” The tracker will treat the rule as in force only when the Tenth Circuit publishes final 2027 rules containing it.
Primary source
How this order changed
Dated record of this order's own lifecycle. Where it was amended or withdrawn, the badge shows its standing after that step.
- proposedThe Tenth Circuit posted the 2027 rules revisions for public comment, including proposed Rule 46.5(B)(4) on documents prepared with generative AI, with comments due October 18, 2026 and the changes to take effect January 1, 2027. source