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 April 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 must provide complete and accurate representations in any submission, consistent with Rule 11 and the California Rules of Professional Conduct.
What does the order require?
- Counsel must provide complete and accurate representations in any submission, consistent with Rule 11 and the California Rules of Professional Conduct.
- Use of ChatGPT or similar tools is not prohibited, but counsel must personally confirm the accuracy of any AI-generated content.
- 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 the verification requirement is grounds for sanctions.
- Counsel must maintain records of all prompts or inquiries submitted to any generative AI tools in the event those records become relevant.
Practice areas: federal civil
What the order requires
Section H.4 of Judge Araceli Martínez-Olguín’s civil standing order (most recently revised in the October 20, 2025 / November 14, 2025 version) addresses AI use in submissions. The substantive text is unchanged from the November 22, 2023 first-issued version. The text imposes four obligations on counsel:
- Maintain Rule 11 / California Rules of Professional Conduct accuracy in any submission, regardless of whether AI was used.
- Personally verify any AI-generated content (the rule does not prohibit AI use).
- Include a certification in any submission containing AI-generated content that lead trial counsel has personally verified accuracy.
- Retain records of all prompts and queries submitted to generative AI tools, in case they become relevant.
The prompt-retention requirement is unusual
Of the federal AI standing orders surveyed for this tracker, the Martínez-Olguín order is the only one that requires counsel to retain records of prompts. Firms with cases before this chambers should ensure their AI tooling supports prompt logging and retention. Generic “session-only” use of consumer AI products is incompatible with the order; the firm needs a workflow that captures prompts at the point of use and stores them with the matter file.
Scope
The order applies to civil cases assigned to Judge Martínez-Olguín. It is not a district-wide N.D. Cal. order. Despite occasional aggregator claims to the contrary, the November 30, 2023 “Standing Order For All Judges of N.D. Cal.” (the joint case-management template) contains no AI provisions; AI rules in the Northern District of California are set chambers-by-chambers.