Check a court paper that uses an electronic exhibit against Rule 11 and Rule 901
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the paper and the exhibit the lawyer has marked, list the Rule 11 certifications that attach when a paper is presented to the court, and list the Rule 901 question of whether there is evidence sufficient to support a finding that the exhibit is what the proponent claims it is. Do not draft the paper, the exhibit, or any certificate. Do not decide that the exhibit is authentic.
- What the lawyer must review
- The lawyer signs and files. Federal Rule of Civil Procedure 11(b) says that by presenting a paper the attorney certifies, after a reasonable inquiry, that it is not presented for an improper purpose, that the legal contentions are warranted by existing law or a nonfrivolous argument, that the factual contentions have evidentiary support or are specifically identified as likely to have it after investigation, and that denials are warranted on the evidence or, if specifically identified, are reasonably based on belief or a lack of information. Federal Rule of Evidence 901(a) requires evidence sufficient to support a finding that the item is what the proponent claims it is. There is no national rule, in the pages opened today, that copies an Australian generative-AI practice note. Do not treat an unadopted evidence amendment as in force. Confirm any judge standing order before filing.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.