D. Colo.: Pretrial and Trial Procedures, Civil Cases, Section IV.B: Certification Regardi…
Hon. John L. Kane, Senior U.S. District Judge · U.S. District Court for the District of Colorado
Verified September 28, 2026
- Citation
- Pretrial and Trial Procedures, Civil Cases, Section IV.B: Certification Regarding the Use of Generative AI (Judge John L. Kane, D. Colo.)
- Order date
- March 5, 2026
Summary
Every filing prepared 'in whole or in part' using GenAI ('such as ChatGPT, Harvey.AI, Google Bard, etc.') must include a certification by the preparer 'identifying the portion of the filing that was prepared with the use of GenAI.'
What does the order require?
- Every filing prepared 'in whole or in part' using GenAI ('such as ChatGPT, Harvey.AI, Google Bard, etc.') must include a certification by the preparer 'identifying the portion of the filing that was prepared with the use of GenAI.'
- The certification affirms 'that any language drafted by GenAI (even if later edited by a human being) was personally reviewed by the filer or another human being for accuracy using print reporters or traditional legal databases.'
- It also attests 'that the legal citations are to actual existing cases or cited authority.'
- 'To the extent GenAI is used in the preparation of a filing, Federal Rule of Civil Procedure 11 remains applicable, as does 28 U.S.C. § 1927.'
Practice areas: federal civil
What the rule requires
Section IV.B of Judge John L. Kane’s Pretrial and Trial Procedures memorandum for civil cases (revised March 2026), addressed to “Counsel and Parties in Civil Cases,” reads:
“In every filing with the Court which is prepared[, in whole or in part,] using GenAI (such as ChatGPT, Harvey.AI, Google Bard, etc.), the preparer of the filing shall include a certification identifying the portion of the filing that was prepared with the use of GenAI and affirming that any language drafted by GenAI (even if later edited by a human being) was personally reviewed by the filer or another human being for accuracy using print reporters or traditional legal databases and attesting that the legal citations are to actual existing cases or cited authority. To the extent GenAI is used in the preparation of a filing, Federal Rule of Civil Procedure 11 remains applicable, as does 28 U.S.C. § 1927.”
What the certification contains
- Identification of the portion of the filing prepared with GenAI.
- Human review of any GenAI-drafted language, “even if later edited by a human being,” by the filer or another human, “using print reporters or traditional legal databases.”
- Real citations: the legal citations “are to actual existing cases or cited authority.”
The order names the sources for that review: print reporters or traditional legal databases. The certification is required only for filings prepared with GenAI. (The bracketed commas above stand in for dashes in the original.)
Scope
The memorandum governs civil cases before Judge Kane. Other District of Colorado judges set their own procedures; see, for example, Judge Crews’s AI order.
Primary source
Judge John L. Kane, Pretrial and Trial Procedures: Civil Cases (revised March 2026) (PDF)