The US Court of Appeals for the Fifth Circuit issued a June 2024 notice reminding lawyers of their duty to verify filings amid growing concern about AI misuse, but the notice itself cited the wrong rule. Instead of Federal Rule of Appellate Procedure 46(b)(1)(B), which governs attorney discipline, it cited Rule 6(b)(1)(B), which relates to bankruptcy notices of appeal. The error, spotted by Stanford fellow Utsav Gupta, has remained on the court’s website for more than two years and was reproduced by King & Spalding and another judge in later commentary. Global tracking now records over 2,046 cases of erroneous AI-generated authorities, including 1,397 in the US. The Tenth Circuit has proposed a similar human-verification rule effective January 2027.
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