E.D. Okla.: Disclosure and Certification Requirements for Generative Artificial Intellige…
Hon. Jason A. Robertson, U.S. Magistrate Judge · U.S. District Court, Eastern District of Oklahoma
Verified September 30, 2026
- Citation
- Disclosure and Certification Requirements for Generative Artificial Intelligence (Hon. Jason A. Robertson, E.D. Okla.)
- Order date
- September 27, 2023
Status and former requirement
No longer in force (superseded); this order does not state current filing practice. While it was operative it required: Any party, whether appearing pro se or through counsel, who utilizes any generative AI tool in the preparation of any documents to be filed with the Court must disclose in the document that AI was used and the specific AI tool that was used.
What the order required while in force
- Any party, whether appearing pro se or through counsel, who utilizes any generative AI tool in the preparation of any documents to be filed with the Court must disclose in the document that AI was used and the specific AI tool that was used.
- The unrepresented party or attorney must further certify in the document that the person has checked the accuracy of any portion of the document drafted by generative AI, including all citations and legal authority.
- The rule is anchored in Rule 11(b) of the Federal Rules of Civil Procedure and the certifications required thereunder.
- If generative AI is used, the unrepresented party or attorney will be held responsible for the contents of the filing in accordance with Rule 11 and applicable rules of professional conduct or attorney discipline.
- Failure to make the disclosure and certification may result in the imposition of sanctions.
Practice areas: federal civil
No longer in force
On January 6, 2026, Magistrate Judge Robertson replaced this rule with Candor, Accuracy, and Responsibility in Court Filings, which states that the Court “does not regulate, restrict, or require disclosure of the tools or assistance used to prepare filings” and requires “human verification of cited authority.” His page now links only the 2026 document. What follows describes the 2023 rule as issued.
What the rule required
Magistrate Judge Robertson’s 2023 chambers rule for E.D. Okla. was a one-page Rule 11-anchored disclosure-and-certification regime. The rule had three operative requirements: identify that AI was used, identify the specific tool, and certify human accuracy-checking of any AI-drafted portion including all citations and legal authority. The rule is one of the earliest federal trial-court AI rules (September 27, 2023).
Under the 2023 rule, any AI-assisted document, even a single AI-drafted section in an otherwise human-written brief, triggered the requirement. The 2026 document instead provides that disclosure “does not excuse inaccuracies, cure violations, or mitigate sanctions.”
R&G data corrections
R&G’s tracker dates this entry 2023-09-27, which matches the file-name date stamp on the PDF (AI Guidelines JAR 9.27.23). No correction needed.
Quotable language
“Consistent with Rule 11(b) of the Federal Rules of Civil Procedure, and the certifications required thereunder, the Court directs that any party, whether appearing pro se or through counsel, who utilizes any generative artificial intelligence (AI) tool in the preparation of any documents to be filed with the Court, must disclose in the document that AI was used and the specific AI tool that was used.”
“The unrepresented party or attorney must further certify in the document that the person has checked the accuracy of any portion of the document drafted by generative AI, including all citations and legal authority.”
“The failure to make the disclosure and certification described in paragraph 1 may result in the imposition of sanctions.”
Primary source
Disclosure and Certification Requirements for Generative AI (Robertson, M.J.), oked.uscourts.gov
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.
- activeDisclosure and Certification Requirements for Generative Artificial Intelligence issued: filers must disclose AI use and the tool and certify accuracy checking. source
- supersededReplaced by Candor, Accuracy, and Responsibility in Court Filings, which requires human verification of cited authority and states that the Court does not require disclosure of the tools used. source