Texas | Ropes & Gray LLP

Court - Judge Name	Effective Date	Applicable To	Categories	Summary
89th District Court – Judge Barnard	3/27/2024	Any AI	Any AI Usage	Although this standing order’s preamble mentions “generative artificial intelligence,” the substantive section appears to apply to all AI tools, as it requires anyone utilizing “any form of artificial intelligence for legal research or drafting” to submit a certification. The certification itself—which references gen AI—requires an attestation that anything “created or contributed to by generative artificial intelligence” is “verified as accurate through traditional (non-AI) legal sources.” Accordingly, this order could require all parties who use any form of AI to submit an attestation about the use of generative AI, whether or not generative AI was actually used.
			Requires Disclosure and/or Verification
			Applies to AI Used for Research
			Applies to AI Used for Filings/Drafting
S.D. Texas – Judge Olvera	2/8/2024	Generative AI	Generative AI Usage	The local rules require all attorneys appearing before the Court to file a certificate, with their proposed scheduling order, attesting either that no portion of any filing will be drafted by gen AI or any language drafted by gen AI will be checked for accuracy. The Court will strike any filing from a party who fails to file this certificate. The rules also contain a sample certificate.
			Requires Disclosure and/or Verification
			Applies to AI Used for Filings/Drafting
30th District Court – Judge McKnight	3/27/2024	Any AI	Any AI Usage	Although this standing order’s preamble mentions “generative artificial intelligence,” the substantive section appears to apply to all AI tools, as it requires anyone utilizing “any form of artificial intelligence for legal research or drafting” to submit a certification. The certification itself—which references gen AI—requires an attestation that anything “created or contributed to by generative artificial intelligence” is “verified as accurate through traditional (non-AI) legal sources.” Accordingly, this order could require all parties who use any form of AI to submit an attestation about the use of generative AI, whether or not generative AI was actually used.
			Requires Disclosure and/or Verification
			Applies to AI Used for Research
			Applies to AI Used for Filings/Drafting
78th District Court – Judge Kennedy	3/27/2024	Any AI	Any AI Usage	Although this standing order’s preamble mentions “generative artificial intelligence,” the substantive section appears to apply to all AI tools, as it requires anyone utilizing “any form of artificial intelligence for legal research or drafting” to submit a certification. The certification itself—which references gen AI—requires an attestation that anything “created or contributed to by generative artificial intelligence” is “verified as accurate through traditional (non-AI) legal sources.” Accordingly, this order could require all parties who use any form of AI to submit an attestation about the use of generative AI, whether or not generative AI was actually used.
			Requires Disclosure and/or Verification
			Applies to AI Used for Research
			Applies to AI Used for Filings/Drafting
Bexar County, TX – Local Rules	1/9/2024	Generative AI	Generative AI Usage	The local rules require pleadings to contain a certification that any materials “produced” by generative AI have been verified through “traditional (non-A.I.) legal sources.” While such certification is targeted at the use of generative AI, the requisite verification process seemingly prohibits the use of any AI when evaluating the gen AI-generated content and does not distinguish between AI generally and generative AI.
			Requires Disclosure and/or Verification
			Applies to AI Used for Filings/Drafting
E.D. Tex. - District-Wide	12/1/2023	Generative AI	Generative AI Usage	The local rules refer specifically to “generative artificial intelligence,” and caution lawyers that gen AI tools “may produce factually or legally inaccurate content.” The rules remind counsel that users remain responsible for verifying “any computer-generated content” to ensure it complies with the Federal Rules. There are no prohibitions, disclosure requirements, or other limitations on the use of gen AI tools.
			Suggests Cautious Use of AI
N.D. Tex. - Judge Matthew J. Kacsmaryk	11/27/2023	Generative AI	Generative AI Usage	This standing order requires all parties, whether or not they use generative AI, to file a certification attesting either that no filings will be drafted with gen AI, or that any content drafted with gen AI will be checked for accuracy.
			Requires Disclosure and/or Verification
			Applies to AI Used for Filings/Drafting
W.D. Tex - Judge Fred Biery	11/21/2023	Any AI	Any AI Usage	Judge Biery has been issuing orders in cases noting that “[i]n this modern environment of artificial intelligence,” counsel are reminded of their ethical duties to be honest with the court. See, e.g., Montez v. Esparza, Case No. 5:23-cv-01483, Dkt. No. 7. The orders indicate that “signature of counsel” constitutes an affirmation that all filings have been validated for accuracy.
			Suggests Cautious Use of AI
N.D. Tex. - Bankruptcy	6/21/2023	Generative AI	Generative AI Usage	This general standing order is limited to filings drafted using generative artificial intelligence and requires verification that any gen AI-generated language was checked for accuracy.
			Requires Disclosure and/or Verification
			Applies to AI Used for Filings/Drafting
Tex. 394th Dist. - Judge Roy Ferguson	6/9/2023	Any AI	Any AI Usage	Although this standing order’s preamble mentions “generative artificial intelligence,” the substantive section appears to apply to all AI tools, as it requires anyone utilizing “any form of artificial intelligence for legal research or drafting” to submit a certification. The certification itself—which references gen AI—requires an attestation that anything “created or contributed to by generative artificial intelligence” is “verified as accurate through traditional (non-AI) legal sources.” Accordingly, this order could require all parties who use any form of AI to submit an attestation about the use of generative AI, whether or not generative AI was actually used.
			Requires Disclosure and/or Verification
			Applies to AI Used for Research
			Applies to AI Used for Filings/Drafting
N.D. Tex. - Judge Brantley Starr	5/30/2023	Generative AI	Generative AI Usage	This standing order requires all parties, whether or not they use generative AI, to file a certification attesting either that no filings will be drafted with gen AI, or that any content drafted with gen AI will be checked for accuracy.
			Requires Disclosure and/or Verification
			Applies to AI Used for Filings/Drafting