--- title: "North Dakota: AI rules for lawyers" url: "https://ailawframework.com/jurisdictions/north-dakota" type: "jurisdiction" site: "AI Law Framework" id: "US-ND" kind: "state" country: "US" parent: "United States" last_checked: "2026-10-31" as_of: "2026-10-31" last_reviewed: "2026-11-03" --- # North Dakota: AI rules for lawyers > North Dakota: court and regulator AI instruments and the tasks that change here. Canonical page: https://ailawframework.com/jurisdictions/north-dakota Site index for agents: https://ailawframework.com/llms.txt ## What this means for lawyers The North Dakota Court System's public notice of 1 June 2026 says AI use is not prohibited in North Dakota courts, but the attorney or self-represented litigant is fully accountable for every filing, including fabricated citations produced by AI. Verify everything: the notice expects citations to be independently confirmed, and says the duty of candor (Rule 3.3) requires attorneys to personally verify that every cited authority exists, is accurate and supports the argument; it also invokes Rules 1.1 (competence), 3.1 (meritorious claims) and 5.1/5.3 (supervision) of the North Dakota Rules of Professional Conduct. Do not put confidential, sealed, juvenile, PII or PHI material into AI tools in a way that could disclose it; responsibility for safeguarding it stays with the user. The court may reject or strike non-compliant filings and impose sanctions under N.D.R.Ct. 11.5, and N.D.R.Civ.P. 11 applies whether or not AI was used. As at 31 October 2026. ## Telling the court and the client **Tell the court:** Unclear Court disclosure: no — the notice states courts "do not require" disclosure of AI use solely because AI was used, though disclosure may be required or appropriate under existing rules or orders in specific circumstances. Client disclosure/consent: no rule found (no North Dakota court or bar source addressing it was located). - [Public Notice on the Use of Artificial Intelligence (AI)](https://www.ndcourts.gov/Media/Default/public-notice/Public-Notice-Regarding-Use-of-AI.pdf) **Tell the client:** Unclear Same basis and sources as above. ## Last checked Last checked 31 October 2026. ## What changed in North Dakota in the last 12 months - 1 June 2026 · Dated: [Public Notice on the Use of Artificial Intelligence (AI)](#ai-rule-jr-us-nd-court-ai-public-notice) - 18 May 2026 · In force: [Administrative Order 36 — Use of Generative Artificial Intelligence](#ai-rule-jr-us-nd-ao36-court-genai) ## AI instruments ### Courts and tribunals #### Public Notice on the Use of Artificial Intelligence (AI) - Type: Court policy - Issuer: North Dakota Court System - Date on page: June 1, 2026 - Effective date: 1 June 2026 - Status: 1 June 2026; start date not confirmed - Last checked 31 October 2026 - URL: https://www.ndcourts.gov/Media/Default/public-notice/Public-Notice-Regarding-Use-of-AI.pdf The notice says AI use is not prohibited in North Dakota courts, but attorneys and self-represented litigants are fully accountable for all filings, including AI-generated errors or fabricated citations. Courts do not require disclosure of AI use solely because AI was used, though disclosure may be required or appropriate under existing rules or orders in specific circumstances. The court may reject or strike filings, require corrections or verification, or impose sanctions under N.D.R.Ct. 11.5. Key points: - N.D.R.Civ.P. 11 applies whether or not AI was used - No disclosure required solely because AI was used - Citations must be independently confirmed; Rule 3.3 requires attorneys to personally verify every cited authority; Rules 1.1 and 3.1 also cited - Supervisors responsible for staff and subordinate attorneys' AI use (Rules 5.1, 5.3) - Do not use AI in a way that compromises confidential communications, PII, PHI, or juvenile, sealed or restricted records #### Administrative Order 36 — Use of Generative Artificial Intelligence - Type: Court rule or order · Administrative order - Issuer: North Dakota Supreme Court - Date on page: Effective Date: 5/18/2026 - Effective date: 18 May 2026 - Status: In force from 18 May 2026 - Last checked 31 October 2026 - URL: https://www.ndcourts.gov/legal-resources/rules/ndsupctadminorder/36 Sets the court system's policy for court employees using generative AI. Only licensed or approved products may be used, users are responsible for accuracy, and court case-specific or confidential information may only be used with closed-box models. It does not regulate lawyers directly but states that the Rules of Professional Conduct, the Code of Judicial Conduct and the court Code of Conduct apply fully to GenAI use. Key points: - Applies to court employees, not practising lawyers - Open-box tools only for non-restricted, non-confidential and non-exempt information - Closed-box tools required for court case-specific, confidential, exempt or restricted information - Users must review and edit outputs for accuracy - Adopted effective 18 May 2026 (Supreme Court No. 20260124) #### Rule 1.1 Competence, comment [5] (technology) - Type: Court rule or order · Court rule - Issuer: North Dakota Supreme Court - Date on page: Effective Date: 3/1/2016; amended effective 08/01/06, 03/01/16 - Effective date: 1 March 2016 - Status: In force from 1 March 2016 - Last checked 31 October 2026 - URL: https://www.ndcourts.gov/legal-resources/rules/ndrprofconduct/1-1 Comment [5] to Rule 1.1 says a lawyer must keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, and comply with CLE requirements. The June 2026 court notice relies on Rule 1.1 for AI competence. The page does not say which amendment added the technology wording. Key points: - Technology competence expressed in comment [5] - Linked to AI use by the June 2026 court notice ## Sources - North Dakota Court System: [Public Notice on the Use of Artificial Intelligence (AI)](https://www.ndcourts.gov/Media/Default/public-notice/Public-Notice-Regarding-Use-of-AI.pdf) · last checked 31 October 2026 - North Dakota Supreme Court: [Administrative Order 36 — Use of Generative Artificial Intelligence](https://www.ndcourts.gov/legal-resources/rules/ndsupctadminorder/36) · last checked 31 October 2026 - North Dakota Supreme Court: [Rule 1.1 Competence, comment 5 (technology)](https://www.ndcourts.gov/legal-resources/rules/ndrprofconduct/1-1) · last checked 31 October 2026 ## Key facts - Kind: State - Task versions written for this jurisdiction: 0 - AI instruments recorded: 3 *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*