N.D. Cal.: Civil Standing Order, Section VIII.G (Use of Generative AI Tools) (Hon. Erin K…

What the rule requires

Section VIII.G of Magistrate Judge Lee’s civil standing order combines a verification-and-certification regime with a unique prompt-records retention requirement. The rule’s three operative provisions are: (1) personal counsel verification of AI-conducted research and AI-generated content, (2) lead-trial-counsel certification that the AI-generated content was personally verified for accuracy, and (3) records-retention for all prompts and inquiries submitted to any generative AI tools.

The third provision is doctrinally distinctive. Most federal trial-court chambers AI rules focus on the filing as the disclosure unit; Lee’s rule extends backward into the workflow and creates a discoverable artifact (the prompt record). Counsel using AI for research or drafting must therefore preserve their AI-tool prompt history as a litigation record, anticipating that the records may “become relevant at any point.” This functionally requires firms practicing before chambers to implement prompt-logging and retention infrastructure for any AI-assisted work on chambers matters.

The certification’s specificity is also notable: it must be “lead trial counsel” who personally verifies, not any associate or non-trial counsel. The rule’s scope is “generative AI” specifically with ChatGPT named, and applies to attorneys (the rule does not address pro se litigants directly because the lead-trial-counsel framing assumes representation).

R&G data corrections

R&G’s tracker dates this entry 2024-08-16, which matches the file-name date stamp on the PDF (EKL_CivilStandingOrder-8-16-2024). No correction needed.

Quotable language

“Counsel is responsible for providing the Court with complete and accurate representations of the record, procedural history, and cited legal authorities. Use of ChatGPT or other such generative artificial intelligence tools is not prohibited, but counsel must personally confirm for themselves the accuracy of any research conducted by these means, and counsel alone bears ethical responsibility for all statements made in filings.”

“Any submission containing AI-generated content must include a certification that lead trial counsel has personally verified the content’s accuracy. Failure to include this certification or comply with this verification requirement will be grounds for sanctions.”

“Counsel is responsible for maintaining records of all prompts or inquiries submitted to any generative AI tools in the event those records become relevant at any point.”

Primary source

Civil Standing Order (Lee, M.J.), Wayback Machine snapshot of cand.uscourts.gov (Dec. 4, 2024)