Following actions by two jurisdictions in South Florida, the 4th District Court of Appeal in Florida issued an opinion March 25 related to the use of artificial intelligence in preparing documents to be filed with a court.
The case is Elilton Alves Gouveia, appellant representing himself, v. Meridian Financial Investments LLC, a case that originated in the 15th Judicial Circuit in Palm Beach County.
Meridian appealed the trial court order enforcing a settlement agreement. The appellate court disagreed and affirmed the lower court’s action. However, the court called attention to the defendant’s apparent use of artificial intelligence in his briefing to the court.
“Technology, specifically artificial intelligence, is a marvel of the age we live in. It is an important and productive tool, but left unchecked for accuracy and legitimacy, it can be a plague upon the judicial system, creating more problems than it solves, and resulting in violation of the rules of appellate procedure,” the court said in the opinion.
According to the court, Gouveia’s briefs were “replete with case citations that either do not exist or fail to support the defendant’s arguments.”
The court did not sanction Gouveia but wrote: “By this opinion, we put the defendant on notice that future unchecked use of artificial intelligence in filings with this court may result in sanctions for failure to comply with Florida Rule of Appellate Procedure 9.210(c).”
In February, circuit courts in Broward and Miami-Dade counties began requiring lawyers and litigants who represent themselves in court to disclose whether documents submitted to the court are AI-generated and to certify their accuracy.
Failure to comply can result in penalties from the striking of the pleadings to monetary sanctions, contempt proceedings or disciplinary referral.