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Judicial Guidance

Federal Judges Across NC Issue Standing Orders on AI: What They Require

Judges in the Eastern, Middle, and Western Districts of North Carolina have begun issuing standing orders on AI use in filings. Requirements vary significantly by judge and case type.

Since late 2023, federal judges across the country have begun issuing standing orders governing the use of artificial intelligence in court filings. Within North Carolina's three federal judicial districts, the approach has been inconsistent -- some judges require disclosure of AI use, others prohibit generative AI in certain filings absent certification, and many have not yet addressed the issue.

What the Orders Generally Require

The most common requirement is a certification accompanying AI-assisted filings, stating that the attorney has reviewed all AI-generated content and verified its accuracy. Some orders go further, requiring disclosure of the specific tools used. A minority of orders in other circuits have prohibited generative AI in briefs entirely. NC practitioners should check standing orders for each assigned judge at the outset of every case.

The North Carolina Business Court has indicated it is monitoring the federal courts' approach and may issue its own guidance for complex commercial matters. State court practitioners should watch for local rule amendments through 2025.