Some Courts Are Now Requiring Disclosure of Generative AI

Colleges routinely require students to disclose the use of generative AI in papers. Courts are now doing something similar. This note appears in a recent judicial opinion:

“During the preliminary pretrial conference on January 22, 2026, the undersigned also discussed the use of generative artificial intelligence (such as ChatGPT or Gemini) (“AI”) in this litigation. Plaintiff was advised that she will not be permitted to use generative AI in real time to answer deposition questions.

As to using generative AI as part of drafting documents for submission to the Court, it is hereby ORDERED that any party who uses generative AI to help generate the content of any portion of a pleading, motion, brief, or other document must submit a declaration disclosing the use of generative AI. The declaration shall be captioned “Disclosure of the Use of Generative AI.” The declaration must identify the content (by page, section, or paragraph number) which was prepared with the assistance of generative AI and state the platform used (ChatGPT, Gemini, etc.). In the declaration, the attorney or pro se litigant must certify that they have reviewed the relevant source material and have verified that all submissions to the Court are accurate, and that they have complied with their obligations under Rule 11(b) of the Federal Rules of Civil Procedure (which provides that by submitting a pleading, motion, brief, or other paper to the Court, an attorney or pro se litigant certifies that their claims, defenses, and other legal contentions are warranted by existing law and that their factual contentions have evidentiary support).”

Comment: if you are going to use AI, make sure you can sign a declaration explaining how you used it and what steps were taken to check outputs.

Rudolph v. Harrison Metropolitan Housing Authority, 2:25-cv-757 (S.D. Ohio Eastern Division) January 22, 2026.

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