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FL 11th Circuit (Miami-Dade): Eleventh Judicial Circuit (Miami-Dade) Administrative Order…

Chief Judge Ariana Fajardo Orshan · Eleventh Judicial Circuit of Florida (Miami-Dade County)

rescinded

Verified October 1, 2026

Citation
Eleventh Judicial Circuit (Miami-Dade) Administrative Order AO 26-04: Use of Generative AI in Court Filings
Order date
January 15, 2026

Status and former requirement

No longer in force (rescinded); this order does not state current filing practice. While it was operative it required: Any attorney or self-represented litigant who uses any generative AI tool in the preparation of a pleading, motion, memorandum, response, proposed order, or other court record must disclose such use on the face of the filing.

This order is no longer in force (rescinded). It does not state current filing practice. The requirements below are retained as a record of what applied while the order was operative, because filings made during that period are still judged against it. Do not build a filing workflow from this page.

What the order required while in force

Practice areas: state civil, state criminal, state family, state probate

No longer in force

This order is no longer in force. AO 26-18, signed 2026-06-11 and effective 2026-06-15, rescinds AO 26-15 by number and carries a caption that incorporates AO 26-04’s subject; AO 26-15’s own text could not be retrieved, so the chain from AO 26-04 to AO 26-15 to AO 26-18 is inferred from that caption and from the 17th Circuit’s record that its May 2026 amendment was coordinated with AO 26-15, rather than read from an instrument that names AO 26-04 (the verification notes above set out the evidence). Whatever the precise lineage, nothing of AO 26-04’s regime survives: Florida Rule of General Practice and Judicial Administration 2.515(d)(2), effective 2026-06-15, now governs filings statewide, and companion order AOSC26-12 bars Florida courts from imposing AI disclosure or certification requirements “whether through local administrative orders, court policies, judicial practices and procedures, or other means.”

Everything below describes what this order required while it was operative. It is retained because filings made in that window are still judged against it. It does not state current practice, and a filing workflow should not be built from it.

What the order required

Chief Judge Ariana Fajardo Orshan of Florida’s Eleventh Judicial Circuit (Miami-Dade County) issued Administrative Order AO 26-04 on January 15, 2026. The order applies to “attorneys and self-represented litigants appearing before the Circuit and County Courts of the Eleventh Judicial Circuit” and imposes a disclosure-and-certification regime:

  1. Disclosure on the face of the filing. Any use of generative AI in preparing a pleading, motion, memorandum, response, proposed order, or other court record must be disclosed on the face of the filing.
  2. Mandatory certification language. The order prescribes specific certification language affirming that all factual assertions, legal authority, and citations have been independently reviewed and verified.
  3. Prohibition on fabricated authority. The order expressly prohibits submission of fictitious, fabricated, or hallucinated legal authority, statutes, quotations, or facts, as well as reliance on AI-generated citations without independent verification.
  4. Sanctions toolkit. Available sanctions include striking the filing, denying relief, monetary sanctions, contempt, and referral to The Florida Bar.

Practitioner workflow while the order was in force

Miami-Dade is one of the largest civil dockets in the United States, so while the order was operative it reached a substantial share of Florida state-court practice. Firms with Eleventh Circuit matters carried disclosure-and-certification language in every brief template, and because the certification text was prescribed verbatim, the circuit’s exact wording had to be used rather than a firm’s own.

Those templates are now obsolete for Miami-Dade filings and should be retired rather than carried forward. Rule 2.515(d)(2) imposes no disclosure obligation; what it requires is that cited authorities exist and are accurately cited.

Florida bar discipline runs in parallel with the order’s enforcement: a violation that produces a hallucinated citation can trigger both court sanctions under AO 26-04 and a Florida Bar referral. See Florida Bar Ethics Op. 24-1 for the bar-side framework.

Scope

Eleventh Judicial Circuit only (Miami-Dade County, Circuit and County Courts). For practice in adjacent circuits (Broward, 17th; Palm Beach, 15th), each circuit has its own administrative order with broadly similar requirements but different prescribed language; see those entries.

Primary source

AO 26-04 (HTML): https://www.jud11.flcourts.org/docs/ao-html/1b10ef43-b414-40e5-88d7-401f46d0a081.html

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.

  1. active
    Issued by Chief Judge Ariana Fajardo Orshan, requiring anyone who used a generative AI tool to prepare a filing to disclose that use on the face of the filing, with a prescribed certification that all factual assertions, legal authority, and citations were independently reviewed and verified. source
  2. Chief Judge Fajardo Orshan signed AO 26-18, effective June 15, 2026 at 12:01 a.m., rescinding AO 26-15 on the use of AI in court filings and citing No. SC2026-0673. AO 26-18 names AO 26-15, not AO 26-04; that AO 26-15 had replaced AO 26-04 is inferred, not read from a document. source
  3. rescinded
    AO 26-18's rescission took effect at 12:01 a.m., the moment amended Rule 2.515(d)(2) took effect statewide. source