THE ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY, FLORIDA
CASE NO. 26-1
(Court Administration)
ADMINISTRATIVE ORDER
NO. 26-04
RE: DISCLOSURE OF USE OF GENERATIVE ARTIFICIAL INTELLIGENCE BY ATTORNEYS AND SELF-REPRESENTED LITIGANTS
WHEREAS, attorneys and self-represented litigants increasingly use generative artificial intelligence (“AI”) tools in the preparation of pleadings, motions, memoranda, and proposed orders; and
WHEREAS, such tools may generate inaccurate, misleading, or entirely fabricated factual assertions or legal authority (“hallucinations”) which impact the integrity of legal proceedings; and
WHEREAS, information generated by AI must have appropriate human oversight, including verification of factual claims and citation checks; and
WHEREAS, the Court should not have to parse case citations and parentheticals to discern whether cases exist. Takefman v. Pickleball Club, LLC, 418 So. 3d 826, 827 (Fla. 3d DCA 2025), reh’g denied (Sept. 11, 2025); and
WHEREAS, the Supreme Court of Florida amended the Comments to rules 4-1.1, 4-1.6, 4-5.1, and 4-5.3 of the Rules Regulating the Florida Bar to add a warning about the necessity to take care in using generative artificial intelligence. In re Amendments to Rules Regulating the Florida Bar – Chapter 4, 393 So. 3d 137 (Fla. 2024) (SC2024-0032); and
WHEREAS, self-represented litigants must adhere to the same procedural rules and applicable statutes as attorneys; and
WHEREAS, all filings submitted to the Court must comply with the duty of candor to the tribunal, and the responsibility for accuracy rests solely with the filing party, regardless of the technology used; and
WHEREAS, transparency regarding the use of AI promotes accountability, fairness, and public confidence in the judicial process.
NOW, THEREFORE, pursuant to the authority vested in me as Chief Judge of the Eleventh Judicial Circuit of Florida, under Rule 2.215 of the Florida Rules of General Practice and Judicial Administration, it is hereby ORDERED:
1. APPLICABILITY
This Administrative Order applies to attorneys and self-represented litigants appearing before the Circuit and County Courts of the Eleventh Judicial Circuit.
2. MANDATORY DISCLOSURE OF AI USE
Any attorney or self-represented litigant who uses any generative artificial intelligence tool in the preparation of a pleading, motion, memorandum, response, proposed order, or other court record, must disclose such use on the face of the filing.
3. REQUIRED CERTIFICATION
The filing shall include a statement substantially in the following form:
“Generative artificial intelligence was used in the preparation of this filing. The undersigned certifies that all factual assertions, legal authority, and citations have been independently reviewed and verified for accuracy and accepts full responsibility for the contents of this filing.”
This certification may be included at the conclusion of the filing or immediately above the signature block.
4. DUTY OF CANDOR AND RESPONSIBILITY
The use of generative artificial intelligence does not relieve any attorney or self-represented litigant of the duty of candor to the tribunal; the obligation to independently verify all factual assertions and legal authority; or compliance with applicable statutes, procedural rules, and the Rules Regulating the Florida Bar. All AI-generated content shall be deemed the work product of the filing party.
5. PROHIBITED CONDUCT
The following conduct is prohibited: submission of fictitious, fabricated, or hallucinated legal authority, statutes, quotations, or facts; reliance on AI-generated citations without independent verification; misrepresentation of AI-generated content as independently researched authority; or failure to disclose the use of AI as required by this Order.
6. SANCTIONS
Failure to comply with this Administrative Order may result in sanctions, including but not limited to striking the filing; denial of the requested relief; monetary sanctions; contempt proceedings; referral to The Florida Bar or other appropriate authority; and any other sanction deemed appropriate by the Court.
This Administrative Order shall take effect immediately and remain in effect until modified or rescinded.
DONE AND ORDERED in Chambers at Miami-Dade County, Florida, this 15th day of January 2026.
ARIANA FAJARDO ORSHAN, CHIEF JUDGE
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
