What does E.D.N.Y.'s AI court instrument provide?

This instrument imposes no AI-specific obligation on attorney filings: it is in force but adds no disclosure, verification, or use restriction beyond existing rules, and any duties it restates (Rule 11, professional conduct rules) already apply. It provides: 'The Court has a zero-tolerance policy for any filings that include AI-generated hallucinations, fabricated legal propositions, or severe misstatements of the law.' 'Attorneys and pro se litigants are on notice that such filings may warrant sanctions absent reasonable excuse.'

Does this order require attorneys to disclose AI use?

No. This instrument imposes no AI-specific disclosure or verification duty on attorney filings beyond existing rules, though it recommends verifying AI-generated content before filing; any disclosure or verification it records is a recommendation, a duty of its other addressees, or a restatement of duties that already apply.

What are the consequences for attorneys who violate this order?

This instrument imposes no independent obligation on attorney filings, so it creates no consequences of its own for attorneys; any consequences it mentions arise under the existing rules it restates. See the items listed on this page.

E.D.N.Y.: Individual Practices and Rules, Notice to Counsel and Litigants Regarding Artif…

Judge Orelia E. Merchant · U.S. District Court for the Eastern District of New York

active

Verified October 1, 2026

Citation: Individual Practices and Rules, Notice to Counsel and Litigants Regarding Artificial Intelligence (Judge Orelia E. Merchant, E.D.N.Y.)
Order date: September 25, 2026

Status and scope

No AI-specific filing obligation: in force, but it imposes no disclosure, verification, or use restriction on attorney filings beyond existing rules. It provides: 'The Court has a zero-tolerance policy for any filings that include AI-generated hallucinations, fabricated legal propositions, or severe misstatements of the law.'

No AI-specific filing obligation. This instrument is in force but imposes no disclosure, verification, or use restriction on attorney filings beyond existing rules; where it restates duties that already apply (Rule 11, professional conduct rules), those duties remain binding. It is listed so firms can see the court's stated expectations; the items below are not AI-specific filing obligations.

What the instrument provides

'The Court has a zero-tolerance policy for any filings that include AI-generated hallucinations, fabricated legal propositions, or severe misstatements of the law.'
'Attorneys and pro se litigants are on notice that such filings may warrant sanctions absent reasonable excuse.'
'Accordingly, all parties must exercise great caution before including AI-generated material in submissions to the Court. The use of AI-generated content without verification of its accuracy implicates Federal Rule of Civil Procedure 11, which applies fully to actions filed by pro se litigants.'
No disclosure of AI use and no certification is required.

Practice areas: federal civil

Verify this order against the court's official website before relying on it. Standing orders are amended without notice. Requirements vary by judge and case type.

What the notice says

Judge Orelia E. Merchant’s Individual Practices and Rules (E.D.N.Y., eff. Sept. 25, 2026) open with the same “Notice to Counsel and Litigants Regarding Artificial Intelligence” that Judge Hector Gonzalez uses. The Court has a zero-tolerance policy for filings with AI-generated hallucinations, fabricated legal propositions, or severe misstatements of the law; such filings “may warrant sanctions absent reasonable excuse”; and all parties “must exercise great caution before including AI-generated material in submissions to the Court.”

The notice ties unverified AI-generated content to Rule 11, “which applies fully to actions filed by pro se litigants.” It requires no disclosure of AI use and no certification.

Primary source

Individual Practices and Rules (Merchant, J.), effective September 25, 2026 (PDF), nyed.uscourts.gov

E.D.N.Y.: Individual Practices and Rules, Notice to Counsel and Litigants Regarding Artif…

Status and scope

What the instrument provides

What the notice says

Primary source

More orders affecting attorneys in this state

Court orders

From the blog