In an era where technology and law intersect like never before, the Florida Supreme Court has issued a critical new rule to address the emerging issue of AI-generated errors in legal documents. As the use of generative AI tools becomes increasingly prevalent in drafting court filings, there has been a surge in documents submitted with incorrect or non-existent legal citations, often referred to as “hallucinations.”
To tackle this issue, the Florida Supreme Court has amended Florida Rule of General Practice and Judicial Administration 2.515(d)(2). The new amendment, which takes effect on June 15, 2026, mandates that anyone signing a court document—whether attorney or unrepresented party—must certify that all legal authorities cited within the filing exist and are accurately referenced.
The rule modification not only adds this crucial layer of verification but also gives courts the explicit authority to impose sanctions for violations. Potential penalties range from reprimand to dismissal of proceedings, alongside financial repercussions such as covering costs and attorneys’ fees. This decision aims to create a standardized, statewide solution, replacing a patchwork of lower court orders that have arisen in response to the misuse of AI technologies in legal filings.
The court’s decision, detailed in its order, was issued on its own initiative without prior public comment. However, the court is now open to receiving public comments until August 11, potentially followed by an oral argument session.
Comments are a vital element of this procedural process, offering legal professionals and other stakeholders an opportunity to express opinions and suggest revisions before the rule becomes permanent. Licensed Florida attorneys and other interested parties must submit feedback via the Florida Courts E-Filing Portal, or alternatively, by mail or in-person delivery to the Florida Supreme Court’s Office of the Clerk.
This move by the Florida Supreme Court reflects growing awareness and proactive measures taken by judicial bodies to manage the implications of AI on the legal system. In ensuring the factual integrity of legal documents, the court seeks to safeguard the overall accuracy and credibility of judicial proceedings in the state.