Texas (394th Judicial District: Brewster, Culberson, Hudspeth, Jeff Davis, and Presidio C…
Judge Roy B. Ferguson · 394th Judicial District Court of Texas (Brewster, Culberson, Hudspeth, Jeff Davis, and Presidio Counties)
Verified May 7, 2026
- Citation
- Standing Order Regarding Use of Artificial Intelligence (394th Judicial District)
- Order date
- August 1, 2024
Summary
All self-represented litigants and attorneys who utilize any form of artificial intelligence for legal research or drafting must, before using any AI-generated information in a court submission or proceeding, sign and submit the attached form, certifying compliance.
What does the order require?
- All self-represented litigants and attorneys who utilize any form of artificial intelligence for legal research or drafting must, before using any AI-generated information in a court submission or proceeding, sign and submit the attached form, certifying compliance.
- The certification states that all language, quotations, sources, citations, arguments, and legal analysis created or contributed to by generative AI were verified as accurate through traditional (non-AI) legal sources by a human being before submission.
- The certification states that the signer understands and acknowledges they are and will be held responsible, and potentially sanctioned, for their or their co-counsel's failure to comply.
- Failure to comply is sanctionable under the Texas Disciplinary Rules of Professional Conduct, Texas Rules of Civil Procedure, Texas Civil Practice and Remedies Code Chapter 10, and the inherent power of the Court, or for contempt of court.
Practice areas: state civil
What the order requires
Judge Roy B. Ferguson of the 394th Judicial District Court signed this standing order on August 1, 2024 (filed August 5, 2024). It applies to every pending or hereafter filed case in the 394th Judicial District Court of Brewster, Culberson, Hudspeth, Jeff Davis, and Presidio Counties.
Before using any AI-generated information in a court submission or proceeding, attorneys and self-represented litigants must sign and submit the attached certification form. The certification states two things:
- All language, quotations, sources, citations, arguments, and legal analysis created or contributed to by generative AI were verified as accurate through traditional (non-AI) legal sources by a human being before submission.
- The signer understands and acknowledges they are and will be held responsible, and potentially sanctioned, for their or their co-counsel’s failure to comply.
The certification cites four sources of sanctions exposure: Texas Disciplinary Rules of Professional Conduct, Texas Rules of Civil Procedure, Texas Civil Practice and Remedies Code Chapter 10 (the Texas analog to Rule 11 sanctions), and the inherent power of the Court (or contempt).
Scope and historical significance
The order covers five Texas counties in the Big Bend region (Brewster, Culberson, Hudspeth, Jeff Davis, and Presidio), all assigned to the 394th Judicial District Court. The list of named generative AI systems in the order’s recital (ChatGPT, Harvey.AI, Claude, Google Copilot, TensorFlow, OpenAI, Bing, Lexis+AI, Westlaw AI-Assisted Research, Ask Practical Law AI) is more comprehensive than most state-district orders surveyed for this tracker, reflecting both the August 2024 effective date (later than most Texas state-district orders) and the explicit acknowledgment that legal-research-platform AI features (Lexis+AI, Westlaw AI-Assisted Research, Ask Practical Law AI) fall within scope.
Judge Ferguson is a notable voice on judicial AI policy and has spoken publicly about AI’s impact on rural courts. The 394th’s geographic reach (some 30,000 square miles in West Texas) makes the rural-court framing more than a stylistic choice.
Practitioner workflow
Brief templates for matters in any of the five counties should include the certification form when AI was used in legal research or drafting. The certification covers AI-assisted legal research products as well as general-purpose generative AI; firms using Westlaw AI-Assisted Research, Lexis+AI, or similar platforms for matters before Judge Ferguson should include them in any AI use disclosure.
Primary source
Standing order PDF: https://topics.txcourts.gov/LocalRulesPublic/PreviewAttachment/2018
Court website: https://www.texas394th.com/