N.D. Cal.: Civil Standing Order (Cases Assigned to Judge Martínez-Olguín), Section H.4: U…
Judge Araceli Martínez-Olguín · U.S. District Court for the Northern District of California
Verified September 28, 2026
- Citation
- Civil Standing Order (Cases Assigned to Judge Martínez-Olguín), Section H.4: Use of AI
- Order date
- November 22, 2023
Summary
'Counsel is responsible for providing the Court with complete and accurate representations in any submission (including filings, demonstratives, evidence, or oral argument), consistent with Federal Rule of Civil Procedure 11, the California Rules of Professional Conduct, and any other applicable legal or ethical guidance.'
What does the order require?
- 'Counsel is responsible for providing the Court with complete and accurate representations in any submission (including filings, demonstratives, evidence, or oral argument), consistent with Federal Rule of Civil Procedure 11, the California Rules of Professional Conduct, and any other applicable legal or ethical guidance.'
- 'Use of ChatGPT or other such tools is not prohibited, but counsel must at all times personally confirm for themselves the accuracy of any content generated by these tools.'
- Counsel, 'and specifically designated lead trial counsel,' bears responsibility for any submission made by the party the attorney represents.
- '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.'
Practice areas: federal civil
What the order requires
Section H.4 of Judge Araceli Martínez-Olguín’s civil standing order addresses AI use in submissions. The current version is the standing order “Revised August 26, 2026”; the AI text is identical to the November 22, 2023 version and to the November 14, 2025 revision in between. It imposes four obligations on counsel:
- Complete and accurate representations “in any submission (including filings, demonstratives, evidence, or oral argument),” consistent with Rule 11 and the California Rules of Professional Conduct.
- Personal verification of AI output: “Use of ChatGPT or other such tools is not prohibited, but counsel must at all times personally confirm for themselves the accuracy of any content generated by these tools.”
- A certification in “any submission containing AI-generated content” that “lead trial counsel has personally verified the content’s accuracy.” Omitting it “will be grounds for sanctions.”
- Retention of “records of all prompts or inquiries submitted to any generative AI tools in the event those records become relevant at any point.”
The prompt-retention requirement is unusual
Few chambers rules reach back into the drafting workflow this way; Judge Eumi K. Lee’s standing order in the same district carries the same provision. The rule assumes the prompts exist to be produced. Firms documenting compliance may wish to consider whether their AI tools keep a retrievable prompt history and whether it is stored with the matter file, since session-only use leaves nothing to retain.
Scope
The order applies to civil cases assigned to Judge Martínez-Olguín. It is a chambers order, not a district-wide N.D. Cal. rule, and it addresses counsel; it does not speak to self-represented litigants.
Primary source
Standing Order for Civil Cases, Revised August 26, 2026 (PDF)
Standing Order for Civil Cases, Revised November 22, 2023 (PDF)
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.
- activeThe standing order (Revised November 22, 2023) carries Section H.4 on AI: verification, lead-trial-counsel certification of AI-generated content, and retention of prompt records. source
- Revised standing order dated November 14, 2025 (posted under a file name dated 10-20-2025); Section H.4 is unchanged. source
- Revised standing order dated August 26, 2026, the current version; Section H.4 is unchanged word for word. source