What the memo says
The Department of Justice released a 32-page memorandum Wednesday requiring all federal prosecutors to disclose any use of generative AI in filings before federal courts, and to certify independent verification of every citation produced with AI assistance.
The memo, issued by the Office of Legal Policy under the Attorney General direct signature, takes effect July 1, 2026. It is the first binding federal guidance of its kind, and is likely to influence state-level rules and private-sector practice.
Why now
The DOJ move follows a year of high-profile sanctions against private-sector lawyers for AI-fabricated case citations. While no DOJ attorney has yet been sanctioned for the same, internal review identified at least seven matters where unverified AI outputs were filed.
The memo signals an expectation that other agencies (particularly the SEC, FTC, and CFTC) will issue parallel guidance within the calendar year.