E.D. Va.: Pretrial Schedule A (Judge Payne), Section E: Use of Artificial Intelligence (E…

What the certification requires

Senior Judge Robert E. Payne attaches a standard Schedule A to his scheduling orders. Its Section E, “Use of Artificial Intelligence,” reads:

“All attorneys and pro se filers must file a certification with any brief or memorandum submitted to the Court that states the following:

1. No artificial intelligence was employed in doing the research for the preparation of this document, with the exception of such artificial intelligence embedded in the standard on-line legal research sources Westlaw, Lexis, FastCase, and Bloomberg; and

2. Every statement and every citation to an authority contained in this document has been checked by an attorney in this case and/or a paralegal working at his/her direction (or the party making the filing if acting pro se) as to the accuracy of the proposition for which it is offered, and the citation to authority provided.”

The same text appears in the Schedule A attached in Johnson v. Experian, No. 3:24-cv-598, ECF 28-1 (E.D. Va. filed Feb. 28, 2025) and Harrison v. Equifax, No. 3:25-cv-374, ECF 20-1 (E.D. Va. filed Aug. 28, 2025).

What sets it apart

Most AI rules regulate drafting and require disclosure. This one regulates research: the filer certifies that no AI was used in researching the brief, apart from the AI built into four named research services. The certification goes with every brief or memorandum.

Primary source

• Schedule A (Judge Payne), Johnson v. Experian, No. 3:24-cv-598, ECF 28-1 (PDF, CourtListener RECAP)
• Schedule A (Judge Payne), Harrison v. Equifax, No. 3:25-cv-374, ECF 20-1 (PDF, CourtListener RECAP)