Judge Kent Jordan

Judge Kent Jordan of the Third Circuit brought AI disclosure requirements to the appellate level, addressing a gap that many district-level orders left open. While dozens of trial judges were issuing standing orders about AI in 2023 and 2024, the circuit courts were slower to act—making Judge Jordan's attention to the issue significant for appellate practitioners.

If you're filing an appeal in the Third Circuit and your case lands before Judge Jordan, you should understand that appellate briefs get the same scrutiny as trial-level filings when it comes to AI use. The stakes are arguably higher—appellate courts set precedent, and AI-fabricated citations in a circuit court brief could corrupt the law itself.

Judge Jordan's Approach to AI in Appellate Practice

Judge Jordan, a senior judge on the Third Circuit Court of Appeals, has addressed AI use in the appellate context with an emphasis on the unique risks AI poses at the circuit level. His approach requires counsel to disclose generative AI use in appellate briefs and to certify that all legal authorities cited have been verified through traditional research methods. The Third Circuit handles appeals from federal courts in Pennsylvania, New Jersey, Delaware, and the Virgin Islands—a jurisdiction covering major commercial centers and significant federal litigation. Judge Jordan has recognized that AI-assisted briefing in this context requires particular vigilance.

Why AI Disclosure Is Different at the Appellate Level

Trial court filings are bad enough when they contain fabricated citations, but appellate briefs carry different risks. Circuit court decisions become binding precedent. If an AI-generated argument based on nonexistent case law somehow influences a panel's reasoning, the damage extends far beyond the individual case. Judge Jordan has noted that appellate judges rely heavily on the accuracy of the authorities cited by counsel because they're often working through dozens of cases simultaneously. The trust relationship between appellate counsel and the court is foundational—and undisclosed, unverified AI use threatens it directly.

What Triggers AI Disclosure in the Third Circuit

Under Judge Jordan's framework, disclosure is triggered when generative AI tools contribute to the preparation of appellate briefs, motions, or other filings. This includes using AI to draft arguments, research case law, generate summaries of lower court proceedings, or identify potential issues for appeal. The obligation covers the full range of generative AI tools and applies to all counsel and parties appearing before him. Traditional legal research platforms and basic document tools aren't covered—the focus is on tools that generate new text or analysis.

Practical Compliance for Third Circuit Filings

Step 1: Review the Third Circuit's current rules and any individual judge requirements before filing. Step 2: If your case is before Judge Jordan or a panel including him, prepare your AI disclosure as part of your brief's certifications. Step 3: Verify every cited case, statute, and regulation through Westlaw or Lexis—appellate cases are more citation-heavy than trial filings, so this takes real time. Step 4: Pay special attention to your statement of the case and procedural history—AI tools frequently get procedural details wrong. Step 5: Keep records of your AI use and verification process for the duration of the appeal.

The Third Circuit in the National AI Disclosure Landscape

The Third Circuit's engagement with AI disclosure through judges like Judge Jordan positions it among the more proactive circuits. Several district courts within the Third Circuit—including the Eastern District of Pennsylvania (Judge Baylson) and the District of New Jersey (Judge Padin)—have also issued AI standing orders, creating a relatively AI-aware judicial culture across the circuit. The Third Circuit hasn't yet adopted a circuit-wide AI policy, but the individual actions of judges like Jordan signal the direction the circuit is heading. Practitioners in this circuit should assume AI disclosure will become standard at both the trial and appellate levels.

The Bottom Line: Before filing appellate briefs in the Third Circuit—especially before Judge Jordan—verify every authority cited, prepare AI disclosures as part of your standard certifications, and remember that AI errors at the appellate level carry consequences that extend well beyond your individual case.