5th Circuit tells lawyers to verify citations—and cites wrong rule in doing so
The 5th U.S. Circuit Court of Appeals at New Orleans has warned lawyers to verify the accuracy of their filings—and cited the wrong rule in doing so. (Image from Shutterstock)
In an age of artificial intelligence hallucinations popping up in court filings, the 5th U.S. Circuit Court of Appeals at New Orleans has warned lawyers to verify the accuracy of their filings—and cited the wrong rule in doing so, according to the National Law Review.
Following the lead of other courts that have issued orders requiring lawyers to verify the accuracy of any AI-generated material, the 5th Circuit issued a notice in 2024 reinforcing existing duties to check filings for truthfulness and accuracy. It concluded: “‘I used AI’ will not be an excuse for an otherwise sanctionable offense,” and it cited Federal Rule of Appellate Procedure 6(b)(1)(B), the National Law Review reports.
But that rule concerns notice-of-appeal forms in certain bankruptcy appeals. The rule that the court intended to use was actually Federal Rule of Appellate Procedure 46(b)(1)(B), which permits suspension or disbarment for conduct unbecoming a member of the court’s bar, and it is one digit off from the rule that the court cited.
The incorrect citation remains on the court’s website, though there is no evidence that AI caused the 5th Circuit’s mistake, the National Law Review reports.
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