What happened
The Advisory Committee on Artificial Intelligence for the Pennsylvania Supreme Court published a proposed notice in the Pennsylvania Bulletin requiring lawyers and self-represented litigants to certify that they have verified the accuracy of AI-generated content in court filings. The proposal, which is open for public comment until November 24, aims to address the issue of 'hallucinations' or fabricated legal produced by tools. Non-compliance could result in sanctions ranging from reprimands and fines to the dismissal of cases. This rule would extend AI usage guidelines, previously limited to judges and court staff, to all individuals filing documents in Pennsylvania courts.
The Advisory Committee on Artificial Intelligence, which advises the Pennsylvania Supreme Court, has proposed a new rule requiring all court filers, including lawyers and self-represented individuals, to certify that they have thoroughly reviewed and verified the accuracy of any AI-generated content in their legal documents. This proposal was published in the Pennsylvania Bulletin, the state's official gazette for government proposals, and is currently open for public comment until November 24.
The rule specifically targets the issue of 'hallucinations,' where tools produce inaccurate, misleading, or fabricated information, such as erroneous legal or quotations. The committee stated that filers must check summaries of legal principles as well as all legal citations and quotes before submitting documents. The proposal effectively places the burden of accuracy on humans rather than the technology itself.
Failure to comply with the certification requirement could result in sanctions ranging from a reprimand to fines to the outright dismissal of a case. This is a significant escalation from previous guidelines, which primarily focused on best practices rather than enforceable certification requirements with potential penalties.
The Pennsylvania Bar Association, which advocates for lawyers, has not yet taken a position on the proposal. However, in 2024, the association and the Philadelphia Bar Association issued a joint formal opinion recommending that lawyers verify the accuracy of all AI-generated content. The current proposal would formalize this recommendation into a binding rule for all filers.
This proposal follows a 2024 interim policy adopted by the Pennsylvania Supreme Court that allowed judges and court staff to use AI for legal research and drafting. That policy did not apply to lawyers or other outside filers. The new proposal expands the scope of AI regulation to include all parties involved in the court filing process.
Why it matters
This proposal represents a significant shift in legal accountability, explicitly placing the burden of accuracy on human filers rather than relying on the reliability of AI tools. As AI adoption in legal research and drafting increases, the risk of submitting fabricated poses a direct threat to the integrity of the judicial process. By mandating certification, Pennsylvania is attempting to create a clear standard of care that protects the court system from errors that can undermine public trust and waste judicial resources. This move aligns with a growing national trend where courts are responding to documented instances of lawyers submitting false information generated by AI, signaling that the legal profession must adapt its ethical and procedural frameworks to accommodate new technologies without compromising fundamental duties of candor and accuracy.
The proposal addresses a critical gap in legal ethics and procedure as AI tools become more prevalent in legal practice. By requiring certification, the rule creates a clear standard of care that holds filers accountable for the accuracy of their submissions, regardless of the source of the content.
This move is part of a broader national trend where courts are responding to documented cases of lawyers submitting false or fabricated information generated by AI. For example, a federal judge in Mississippi recently punished lawyers for filing documents with fake , and reports indicate that multiple Pennsylvania cases in 2025 contained confirmed or implied AI hallucinations.
The rule aims to protect the integrity of the judicial process by ensuring that courts are not burdened with reviewing documents that contain known or potential errors. It also serves to maintain public trust in the legal system by demonstrating that the courts are taking proactive steps to address the challenges posed by new technologies.
The proposal also highlights the need for legal professionals to adapt their practices to accommodate AI tools. It underscores the importance of human oversight and verification in the use of AI, reinforcing the idea that AI is a tool to assist, not replace, human judgment and responsibility.
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What to watch next
The outcome of the public comment period ending on November 24 will indicate whether the legal community supports or opposes the certification requirement. The Pennsylvania Bar Association has not yet taken a formal position, which could influence the final shape of the rule. Additionally, the vote by the seven justices of the Pennsylvania Supreme Court on whether to adopt the proposal as submitted or with modifications will determine the state's final stance on AI accountability in litigation. Observers should also monitor how other jurisdictions respond to similar proposals, as Pennsylvania's decision may serve as a precedent for other states grappling with the same challenges.
The public comment period ending on November 24 will provide insight into the legal community's reaction to the proposal. Feedback from lawyers, judges, and other stakeholders could influence the final shape of the rule, particularly regarding the scope of the certification requirement and the potential sanctions for non-compliance.
The Pennsylvania Bar Association's eventual position on the proposal will be a key indicator of the legal profession's stance on AI accountability. If the association opposes the rule, it could lead to further debate and potential modifications to the proposal.
The vote by the Pennsylvania Supreme Court justices on whether to adopt the proposal will be a decisive moment for the state's approach to AI in the legal system. The outcome could set a precedent for other states and jurisdictions grappling with similar challenges.
Observers should also monitor how other courts and bar associations respond to the Pennsylvania proposal. If other states adopt similar rules, it could lead to a more standardized approach to AI accountability in the legal profession across the country.