W.D. Okla. Bankr.: General Order 23-01: Pleadings Using Generative Artificial Intelligenc…

What the rule requires

W.D. Okla. Bankruptcy General Order 23-01 is a court-wide AI rule (not a chambers-specific standing order), effective September 1, 2023. It requires every document filed using a generative AI program to include a three-part attestation: identification of the program and specific AI-drafted portions, certification of accuracy-checking through print reporters or traditional legal databases, and certification that AI use has not disclosed confidential information to unauthorized parties.

The third certification, on confidentiality, is unusual for early-era federal AI rules. It addresses a risk distinct from hallucination: the data leakage that happens when a filer uploads client information to a public-model AI service. This pre-emptive confidentiality requirement makes the W.D. Okla. Bankr. rule more robust than disclosure-only regimes for matters where filings include sealed client information.

The order operates in addition to Federal Rule of Bankruptcy Procedure 9011 (the bankruptcy analogue to FRCP 11) and quotes Hon. Brantley Starr’s reasoning from the contemporaneous N.D. Tex. certification rule.

R&G data corrections

R&G’s tracker dates this entry 2023-09-01, which matches the order’s stated effective date. No correction needed.

Quotable language

“Effective September 1, 2023, any document filed with the Court that has been drafted utilizing a generative artificial intelligence program, including but not limited to ChatGPT, Harvey.AI, or Google Bard, must be accompanied by an attestation: (1) identifying the program used and the specific portions of text for which a generative artificial intelligence program was utilized; (2) certifying the document was checked for accuracy using print reporters, traditional legal databases, or other reliable means; and (3) certifying the use of such program has not resulted in the disclosure of any confidential information to any unauthorized party.”

“While attorneys swear an oath to set aside their personal prejudices, biases, and beliefs to faithfully uphold the law and represent their clients, generative artificial intelligence is the product of programming devised by humans who did not have to swear such an oath. As such, these systems hold no allegiance to any client, the rule of law, or the laws and Constitution of the United States (or, as addressed above, the truth).” (quoting Hon. Brantley Starr)

Primary source

General Order 23-01 (W.D. Okla. Bankr.), okwb.uscourts.gov