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N.D. Cal.: Civil Standing Order Section VII.C: Artificial Intelligence (AI) and Filings (…

Magistrate Judge Peter H. Kang · U.S. District Court for the Northern District of California

active

Verified September 30, 2026

Citation
Civil Standing Order Section VII.C: Artificial Intelligence (AI) and Filings (Cases Assigned to Magistrate Judge Kang)
Order date
July 14, 2023

Summary

Any brief or pleading drafted with any AI tool must be identified as such in its title or pleading caption, in a table preceding the body text, or by a separate Notice filed contemporaneously.

What does the order require?

Practice areas: federal civil

Verify this order against the court's official website before relying on it. Standing orders are amended without notice. Requirements vary by judge and case type.

What the order requires

Magistrate Judge Peter H. Kang’s civil standing order, Section VII.C, is the most comprehensive AI provision among the federal chambers orders surveyed for this tracker. In force since at least July 14, 2023 and carried unchanged into the July 16, 2025 revision, it imposes four obligations on counsel and pro se parties using AI to prepare any filing in his cases: (1) caption-level disclosure (in the title, a table preceding the body, or a separate Notice); (2) recordkeeping sufficient to identify which portions of the text were AI-generated; (3) a categorical bar on filings containing hallucinated citations or uncorroboratable factual assertions; and (4) sanctions exposure for failure to confirm or double-check the accuracy of AI-generated citations and assertions.

The scope definition is unusually precise. The order names traditional legal research, word-processing, spellchecking, grammar-checking and formatting tools (Lexis, Westlaw, Word, Acrobat) and back-office tools (timekeeping, accounting) as outside the rule, and brings in generative AI, LLMs, NLP, ML, and neural-network tools used to draft submitted text. It also addresses AI as evidence under a separate procedure.

Practitioner workflow

The order places the disclosure in the title or caption, in a table preceding the body text, or in a Notice filed contemporaneously with the document. Section VI also directs the parties to meet and confer on generative-AI issues and report them in their joint case management statements, and the “AI and Confidentiality” paragraph expects records, such as prompt logs, sufficient to show compliance if the Court asks. Firms also need a workflow that captures which sections of a brief were AI-drafted (e.g., AI-tool prompt logs tied to document sections) since the recordkeeping obligation is enforceable on Court request.

Primary source

Standing order: https://www.cand.uscourts.gov/sites/default/files/standing-orders/PHK-Civil-Standing-Order_2025.7.16.pdf