MT 15th Judicial District (Daniels, Sheridan, and Roosevelt Counties): Montana 15th Judic…
Hon. Benjamin J. Fosland · Montana 15th Judicial District Court (Daniels, Sheridan, and Roosevelt Counties)
Verified September 30, 2026
- Citation
- Montana 15th Judicial District Court (Daniels, Sheridan, and Roosevelt Counties), Rule 3(N): Use of Artificial Intelligence/Disclosure
- Order date
- July 1, 2026
Summary
'Therefore, in the event any document submitted for filing has been prepared, in whole or in part with the assistance of an Artificial Intelligence (AI) service or chatbot, such as ChatGPT, such party shall clearly disclose that fact to the court in the document, and further certify, pursuant to Rule 11 of the Montana Rules of Civil Procedure, that "the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law."'
What does the order require?
- 'Therefore, in the event any document submitted for filing has been prepared, in whole or in part with the assistance of an Artificial Intelligence (AI) service or chatbot, such as ChatGPT, such party shall clearly disclose that fact to the court in the document, and further certify, pursuant to Rule 11 of the Montana Rules of Civil Procedure, that "the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law."'
- The rule applies to 'parties, including those appearing pro se'.
- The certification repeats Montana Rule of Civil Procedure 11(b)(2); the rule does not require naming the AI tool, describing how it was used, or a separate citation-checking step.
- The rule's preamble cautions that AI 'can also on occasion misrepresent and even fabricate law and cases that do not exist.'
- Adopted by order of Judge Benjamin J. Fosland, 'EFFECTIVE as of today, July 1, 2026,' as part of the Fifteenth Judicial District Rules of Practice.
Practice areas: state civil, state criminal, state family, state probate
What the rule requires
Rule 3(N) of the Fifteenth Judicial District Rules of Practice (Daniels, Sheridan, and Roosevelt Counties) was adopted by order of Judge Benjamin J. Fosland dated and effective July 1, 2026. It sits in Rule 3 (Filings, Pleadings, Motions and Stipulations):
N. Use of Artificial Intelligence/Disclosure. This court is aware that parties, including those appearing pro se, have begun using Artificial Intelligence (AI) services and chatbots in the preparation of documents filed with the court. The court is also aware that, although AI can serve as a useful tool, in its current state, it can also on occasion misrepresent and even fabricate law and cases that do not exist. Therefore, in the event any document submitted for filing has been prepared, in whole or in part with the assistance of an Artificial Intelligence (AI) service or chatbot, such as ChatGPT, such party shall clearly disclose that fact to the court in the document, and further certify, pursuant to Rule 11 of the Montana Rules of Civil Procedure, that “the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law.”
The rule has two parts: a disclosure in the document that AI was used, and a certification that repeats Montana Rule of Civil Procedure 11(b)(2). It reaches any AI service or chatbot, with no limit to generative AI and no definition. It does not require naming the tool, describing how it was used, or certifying that citations were checked, and it states no consequence of its own.
Relationship to other Montana district rules
The 15th District is the third Montana judicial district with a local AI rule. The 4th Judicial District’s Rule 3(G) (Missoula and Mineral Counties) requires the tool, the manner of use, and a certification that AI-assisted portions were checked for accuracy. The 13th Judicial District’s Rule 35 (Yellowstone County) requires the type of AI and a certification that every citation to law or to the record has been verified. Rule 3(N) asks for the least: the fact of AI use and the Rule 11(b)(2) representation.
Practitioner workflow
Firms filing in Daniels, Sheridan, or Roosevelt County may wish to add a short statement to any AI-assisted filing disclosing that it was prepared with the assistance of an AI service, followed by the Rule 11(b)(2) certification in the rule’s own words.