D. Haw.: AI Guidelines (Cases Assigned to Judge Kobayashi)
Chief Judge Leslie E. Kobayashi · U.S. District Court for the District of Hawaii
Verified April 27, 2026
- Citation
- AI Guidelines (Cases Assigned to Judge Kobayashi)
- Order date
- September 28, 2023
Summary
Any party, whether pro se or counseled, who uses any generative AI tool in preparing documents to be filed with the Court must disclose in the document that AI was used and identify the specific tool used.
What does the order require?
- Any party, whether pro se or counseled, who uses any generative AI tool in preparing documents to be filed with the Court must disclose in the document that AI was used and identify the specific tool used.
- The party or attorney must further certify that they have checked the accuracy of any portion of the document drafted by generative AI, including all citations and legal authority.
- If generative AI is used, the party or attorney will be held responsible for the contents under Rule 11 and applicable rules of professional conduct and attorney discipline.
- Failure to make the disclosure and certification may result in sanctions.
Practice areas: federal civil, federal criminal
What the order requires
Chief Judge Leslie E. Kobayashi of the District of Hawaii adopts a Rule-11-anchored disclose-and-certify framework. The order has three operative paragraphs:
- Disclosure: any party using generative AI in preparing a filing must say so in the document and identify the specific tool.
- Certification: the party must certify it has checked the accuracy of any AI-drafted portion, including citations and legal authority.
- Responsibility and sanctions: the filer remains responsible under Rule 11 and applicable professional-conduct rules; failure to disclose or certify may result in sanctions.
Why this template matters
The Kobayashi text has become the canonical “moderate” template for AI standing orders: it neither bans AI nor leaves use unregulated, instead requiring transparency and a Rule 11-grounded accuracy check. Several other chambers (including Judge Strickland in the District of New Mexico) have adopted essentially identical text. Firms drafting an internal AI policy can use this language as a baseline that is acceptable in the strictest disclose-and-certify jurisdictions.
Scope
The order applies to all filings in cases assigned to Judge Kobayashi.