New Wisconsin Court Policy Addresses Generative AI

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Key takeaways on AI use in court filings, disclosure requirements, and potential consequences for violations in Wisconsin’s Fourth Judicial District. 

As Generative Artificial Intelligence (GenAI) becomes integrated into legal practices, new policies are needed to ensure its safe and ethical use. On September 23rd, 2026, the Wisconsin Circuit Court’s Fourth Judicial District issued a new Interim Policy establishing guidelines for the use of generative artificial intelligence in circuit court proceedings in the district. The Fourth Judicial District includes Calumet, Fond du Lac, Green Lake, Manitowoc, Marquette, Sheboygan, Waushara, and Winnebago counties. 

GenAI is a type of machine learning model that creates original content based on a prompt provided by the user. GenAI content includes but is not limited to, text, images, videos, audio, and software code. 

In the legal world, attorneys or self-represented parties may consider using GenAI as a tool to assist in drafting legal arguments, briefs, affidavits, or other pleadings to present to the court. Prior to the passing of this Interim Policy, there were few guidelines for the proper use of GenAI in Wisconsin Courts. 

The Key Takeaways

According to the guidelines listed in the new interim policy on generative artificial intelligence:

1. GenAI can be utilized, but the individual is fully responsible for the accuracy and integrity of the content. 

If GenAI is used, the individual submitting documents to the court is responsible for ensuring their claims are factual, supported by applicable law, and cited correctly. Submitting incorrect or misleading AI-generated content may result in court-imposed sanctions. 

Improper use of GenAI may result in the following consequences: 
  • Pleadings will be rejected by the court
  • Pleadings will not be reviewed and considered by the court
  • Monetary sanctions, including costs and actual attorney fees
  • Contempt of court
  • Dismissal of the lawsuit with or without prejudice (“with or without” prejudice describes whether or not an individual will be allowed to file the lawsuit again) 
  • Orders placing limits on the filings that can be submitted to the court either within the pending litigation or in a separate action
  • Any other sanction the court deems appropriate
2. Disclosure of GenAI is not required upon filing. 

An attorney or self-represented party is not required to disclose whether GenAI was used when filing with the court. However, if the accuracy or integrity of the content is challenged, disclosure may be required. 

Why Are These Guidelines Necessary?

Generative AI is advancing at an exponential rate that is faster than any other technology in history. Establishing GenAI policies helps to uphold the accuracy and integrity of the legal system while continuing to adapt to these rapid technological advancements. 

Large Language Models (LLMs) and Hallucinations

Large Language Models such as ChatGPT, Claude, or Copilot, are a type of generative AI that is trained on large datasets to generate content they predict is desired based on the given prompt. LLMs can produce original legal briefs or contracts in a matter of seconds, however the accuracy of the generated text and sources is not guaranteed.

The predictive nature of LLMs can result in hallucinations. AI Hallucinations are instances where an AI system generates outputs that are incorrect, misleading or entirely fabricated. According to the National Center for State Courts examples of AI hallucinations in the law may include:

  • Fabricated, non-existent case names, statutes, or legal authorities
  • Distorted or misrepresented facts, quotations, holdings of cases, analysis, or standards
  • Unsupported propositions of law
  • False information about court procedures or filing requirements
  • The blending of legal concepts or standards, such as from different laws, jurisdictions or context.

Check out A Legal Practitioner’s Guide to AI and Hallucinations, by Mark H. Francis and Ashwini Jarral to learn more about this issue, and the strategies for using GenAI safely and effectively.

Final Thoughts

Generative Artificial Intelligence is a rapidly advancing technology that is changing the way many fields operate. While this new tool may seem like a simple solution for a complex legal matter, AI should never replace actual legal guidance. The experienced attorneys of HKK Law Offices have the skills and knowledge to handle a wide variety of family law and estate planning matters. 

If you have any additional questions or would like to learn more about your options, we invite you to contact HKK Law Offices. Our attorneys are available to meet by phone, video conference, or in person at our offices in Sheboygan, Mequon, and Random Lake. For more educational family law and estate planning content, check out our TikTok, YouTube, Instagram, Facebook, and LinkedIn platforms. 

Disclaimer: This article is provided for general educational purposes only and should not be considered legal advice. Reading this article does not create an attorney-client relationship. Because every situation involves unique facts and circumstances, you should consult a qualified attorney regarding your specific legal needs.

References

Authors

  • Kyle Kaufman

    Attorney Kyle Kaufman earned his law degree at the DePaul University College of Law in Chicago, Illinois, in 2005. That same year, he returned to Wisconsin and successfully completed the Wisconsin Bar Examination. Throughout his career, Attorney Kaufman built a highly respected practice devoted to divorce and family law, handling complex matters involving child custody, placement, child support, and paternity. Known for his determination in the courtroom, he successfully litigated numerous cases at motion hearings, trials, and dispositional proceedings.

    Attorney at Law | Partner
  • Elle Brusse

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