In re Firestar Diamond, Inc.

What the court wrote

Verbatim from the court's document (public domain). Ellipses mark omitted text; nothing is paraphrased.

[H]e claims that because he has no access to a computer or typing facilities in prison, he first wrote “the entire document by hand” and then had “a person outside the prison type[] [his] handwritten notes and input[] them into an [artificial intelligence (‘AI’)] tool to help format the document properly.” Id. at 2. The Trustee contends that the legal citations in the motion “appear[] to be AI-generated” and that although “most of the cited cases exist, they generally do not support the propositions stated” and that at least one case citation “includes a non-existent quotation.” Opp. at 12. ... Rule VI reminds “all parties” of “their obligation to provide the Court with accurate and complete representations in any pleading, written motion, or other paper submitted to the Court” pursuant to Federal Rule of Civil Procedure 11. Rule VI further requires a party using “generative artificial intelligence” for any submission to confirm for themselves “that the submission and all source material within, is accurate and in compliance with the obligations of Rule 11.” ... For example, on page 21, Modi argues that the Order violates “fundamental notions of fair play” and cites Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546 (1949) for the quotation. Mot. at 21. That quotation does not, however, appear in Cohen. The Court is also concerned by what appear to be AI-generated legal citations that do not support the propositions in the motion. Compare, e.g., Mot. at 18 (citing Traguth v. Zuck, 710 F.2d 90 (2d Cir. 1983) for the proposition that “the Second Circuit held that courts must give special solicitude to pro se prisoners to prevent unfair technical dismissals”), with Traguth, 710 F.2d at 95 (setting aside default judgment in case involving a pro se defendant, who was not incarcerated, where default was not willful).

Authorities cited in the passage: Fed. R. Civ. P. 11 · Fed. R. Bankr. P. 8011 · Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949) · Traguth v. Zuck, 710 F.2d 90 (2d Cir. 1983)