---
title: "Keep generative-tool output out of a federal-court affidavit"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/prepare-an-sa-court-affidavit-compliant-with-the-sa-gen-ai-guidelines/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A5-B2-1-US"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Keep generative-tool output out of a federal-court affidavit

> List the facts the lawyer says the witness can attest, each with the document and page the lawyer marked. Do not write an affidavit, a declaration, or any sentence for the witness to sign.

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/prepare-an-sa-court-affidavit-compliant-with-the-sa-gen-ai-guidelines/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the facts the lawyer says the witness can attest, each with the document and page the lawyer marked. Do not write an affidavit, a declaration, or any sentence for the witness to sign. |
| What the lawyer must review | An affidavit or a declaration filed in federal court is the witness's statement. 28 U.S.C. 1746 provides that where a matter may be supported by a sworn declaration, verification, certificate, statement, oath, or affidavit in writing, other than a deposition, an oath of office, or an oath required to be taken before a specified official other than a notary public, it may be supported by an unsworn declaration subscribed as true under penalty of perjury and dated, in substantially the form that section sets out. ABA Formal Opinion 512 (29 July 2024) leaves the lawyer responsible for what a generative tool produces and for what is put before a tribunal. The witness and the lawyer write anything that is signed. The tool writes none of it. |
| Written for | United States |
| Applies to | [Prepare an SA court affidavit compliant with the SA Gen AI guidelines](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/prepare-an-sa-court-affidavit-compliant-with-the-sa-gen-ai-guidelines.md) |

## Checking plan

- What the AI does: List the facts the lawyer says the witness can attest, each with the document and page the lawyer marked. Do not write an affidavit, a declaration, or any sentence for the witness to sign.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- An unsworn declaration under section 1746 is still the witness's statement.
- State-court affidavit practice is not section 1746. The lawyer opens the rules of the court that will receive the paper.

## Sources

- [28 U.S.C. 1746, Unsworn declarations under penalty of perjury](https://www.law.cornell.edu/uscode/text/28/1746) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [SA courts Gen AI affidavit and disclosure position](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/sa-gen-ai-affidavit-and-disclosure.md) | Checklist | Red | What the South Australian court guidelines require of a witness statement or affidavit, and when a Gen AI use must be disclosed. They apply from 1 January 2026.… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*