Virginia | Ropes & Gray LLP

Court - Judge Name	Effective Date	Applicable To	Categories	Summary
EDVA – Judge Robert E. Payne	1/2/2025	Any AI	Any AI Usage	Judge Payne issued a Scheduling Order in Kromrey Et Al V. Capital One, N.A. Et Al, Case No. 3:24cv575 which addresses the “Use of Artificial Intelligence.” It requires that “[a]ll attorneys and pro se filers must file a certification with any brief or memorandum” certifying that no AI was used in the “research for the preparation” of the filing, making exceptions for AI “embedded in the standard on-line research sources Westlaw, Lexis, FastCase, and Bloomberg.” Filers must also certify that all statements and citations were verified by an attorney and/or paralegal for accuracy. This order is unique due to its specification of “research for the preparation of [a filing],” potentially implying that certification may not be not required where AI is used for non-research purposes in association with a filing. However, parties should still exercise caution to ensure full compliance with the Court’s order.
			Requires Disclosure and/or Verification
			Applies to AI Used for Research
			Applies to AI Used for Filings/Drafting
E.D. Va. --Judge Alston	10/7/2024	Any AI	Any AI Usage	Judge Alston issued a pre-trial order in American Immigration Council V. U.S. Department Of State, Docket No. 1:24cv1222, which includes a paragraph addressing the use of artificial intelligence. The instruction states: “[S]hould any party utilize artificial intelligence for the preparation of any filing, they must identify the use of artificial intelligence in the filing and provide a certification that they have reviewed all citations for accuracy.” The use of the phrase “preparation” (as opposed to “drafting”) could indicate disclosure and verification are required when any AI tools are used in any part of the preparatory process, including research.
			Requires Disclosure and/or Verification
			Applies to AI Used for Research
			Applies to AI Used for Filings/Drafting
E.D. Va. – Judge Hudson	2/9/2024	Any AI	Any AI Usage	Judge Hudson has been issuing pretrial orders, such as the one found in Kelly v. Altria Client Services, LLC et al, Docket No. 3:23-cv-00725, which include a paragraph addressing the “Use of Artificial Intelligence.” The instruction states: “Should any party utilize artificial intelligence for the preparation of any filing, they must identify the use of the artificial intelligence in the filing and provide a certification that they have reviewed all citations for accuracy.” The use of the phrase “preparation” (as opposed to “drafting”) could indicate disclosure and verification are required when any AI tools are used in any part of the preparatory process, including research.
			Requires Disclosure and/or Verification
			Applies to AI Used for Research
			Applies to AI Used for Filings/Drafting
E.D. Va. - Judge David J. Novak	1/29/2024	Any AI	Any AI Usage	Judge Novak has been issuing scheduling orders, such as the one found in Dialect, LLC v. Amazon.com, Inc., Case No. 1:23-cv-00581, Dkt. No. 147, which includes a paragraph addressing the “Use of Artificial Intelligence.” The instruction states: “Should any party utilize artificial intelligence for the preparation of any filing, they must identify the use of the artificial intelligence in the filing and provide a certification that they have reviewed all citations for accuracy.” The use of the phrase “preparation” (as opposed to “drafting”) could indicate disclosure and verification are required when any AI tools are used in any part of the preparatory process, including research.
			Requires Disclosure and/or Verification
			Applies to AI Used for Research
			Applies to AI Used for Filings/Drafting
E.D. Va. - Judge M. Hannah Lauck	1/26/2024	Any AI	Any AI Usage	Judge Lauck has been issuing pretrial orders, such as the one found in Beckford v. Elevance Health, Inc., Case No. 3:23-cv-00828, Dkt. No. 19, which include a paragraph addressing the “Use of Artificial Intelligence.” The instruction states: “Should any party utilize artificial intelligence for the preparation of any filing, they must identify the use of the artificial intelligence in the filing and provide a certification that they have reviewed all citations for accuracy.” The use of the phrase “preparation” (as opposed to “drafting”) could indicate disclosure and verification are required when any AI tools are used in any part of the preparatory process, including research.
			Requires Disclosure and/or Verification
			Applies to AI Used for Research
			Applies to AI Used for Filings/Drafting
E.D. Va. - Judge Roderick C. Young	1/10/2024	Any AI	Any AI Usage	Judge Young issued a Scheduling Order in Jcai v. Wiseleap Solutions, Case No. 3:23-cv-350, Dkt. No. 32, which includes a paragraph addressing the “Use of Artificial Intelligence.” The instruction states: “Should any party utilize artificial intelligence for the preparation of any filing, they must identify the use of the artificial intelligence in the filing and provide a certification that they have reviewed all citations for accuracy.” The use of the phrase “preparation” (as opposed to “drafting”) could indicate disclosure and verification are required when any AI tools are used in any part of the preparatory process, including research.
			Requires Disclosure and/or Verification
			Applies to AI Used for Research
			Applies to AI Used for Filings/Drafting