Tenth Circuit proposed Rule 46.5(B)(4) on generative AI

What happened

On September 18, 2026, the Clerk of the Tenth Circuit, Chris Wolpert, issued a memorandum announcing revisions to the Tenth Circuit Rules to take effect on January 1, 2027, and inviting comments by email through October 18, 2026. The memorandum states that the final 2027 rules will be posted no later than November 30, 2026.

Most of the revisions are procedural housekeeping. One is not. The memorandum states that the proposed revisions to Rule 46.5, which governs signing papers, representations to the court and sanctions, "are intended to address the increased use of generative artificial intelligence by both lawyers and pro se litigants."

What was issued or decided

The published redline adds a fourth representation to Rule 46.5(B). By presenting a brief, motion or other paper, an attorney or unrepresented party would certify, after reasonable inquiry, that "any document prepared with the assistance of generative artificial intelligence has been reviewed—before filing or submission to the court—by a human who has independently verified the existence of all cited authorities; the accuracy of all quotations, citations, and legal analysis; and the document's compliance with all relevant rules and ethical obligations."

The redline also expands Rule 46.5(C). For a paper signed in violation of the rule, the court on its own or on motion could impose an appropriate sanction on the signer, the represented party or both, including waiver of the affected issue, striking the document, dismissal or affirmance of the appeal, monetary sanctions, initiation of disciplinary proceedings, and an award of the other side's reasonable expenses and fees. The first three of those are new to the list.

Where it stands

The rule is a proposal. Comments close on October 18, 2026, and the court may revise the text before the final rules are posted. If adopted as published, it would take effect on January 1, 2027.

The proposal differs from the certificate the Fifth Circuit considered and declined to adopt in 2024, described in the entry on Judge Starr's AI certificate and the Fifth Circuit rule. The Tenth Circuit's version does not require a filer to state whether AI was used. It folds a verification duty into the representations every signer already makes, and it names remedies, waiver of the issue and dismissal or affirmance, that fall on the party's case rather than only on counsel.

How it maps to the Standard

The proposed text is close to Clause 3 of the Standard, independent authority, written as a court rule: every authority, quotation and citation verified by a human, independently of the system. The requirement that review happen before filing corresponds to Clause 4, checkability before adoption.

Experts rarely sign appellate papers, so the rule would reach expert work indirectly. Where an expert's report or declaration is quoted in a brief, the lawyer certifying the brief would be certifying the accuracy of the quoted material, and would reasonably ask the expert how its sources were verified.

Sources

• U.S. Court of Appeals for the Tenth Circuit · September 18, 2026
  Memorandum: 2027 Revisions to the Tenth Circuit Rule Changes
• U.S. Court of Appeals for the Tenth Circuit · September 18, 2026
  2027 Tenth Circuit Rules, full redline
• FindLaw · September 2026
  10th Circuit Court of Appeals Proposes Rule to Require Certification of Filings Using Artificial Intelligence

What could not be confirmed

Comments received and any revision after October 18, 2026 are not yet known. The FindLaw report's exact date was not confirmed.