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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4348 By: Moore
AS INTRODUCED
An Act relating to artificial intelligence in civil
proceedings; amending 5 O.S. 2021, Section 3, which
relates to the duty of an attorney and legal advisor;
providing that an attorney shall never knowingly
encourage or produce false, misleading, or
manipulated evidence including evidence artificially
generated or altered to be false, misleading, or
manipulated; providing that an attorney shall never
knowingly cite to fictitious court authorities;
requiring an attorney to exercise reasonable
diligence to verify the authenticity of evidence
before offering it to the court; amending 12 O.S.
2021, Section 2016, which relates to pretrial
procedure; permitting pretrial conference to consider
the authenticity and admissibility of exhibits;
requiring party to raise concerns of opposing
counsel's exhibits reasonably believed to be false,
misleading, or manipulated; requiring party to
disclose exhibits known or reasonably believed to be
false, misleading, or manipulated; directing
attorneys to exercise reasonable diligence to verify
authenticity of evidence; authorizing sanctions or
disciplinary action if attorney fails to disclose
certain information; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 5 O.S. 2021, Section 3, is amended
to read as follows:
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Section 3. It is the duty of an attorney and counselor legal
advisor:
First. To maintain, while in the presence of the courts of
justice, or in the presence of judicial officers engaged in the
discharge of judicial duties, the respect due to the said courts and
judicial officers, and at all times to obey all lawful orders and
writs of the court.
Second. To counsel and maintain no actions, proceedings, or
defenses, except those which appear to him or her legal and just,
except the defense of a person charged with a public offense.
Third. To employ for the purpose of maintaining the causes
confided to him or her such means only as are consistent with truth,
and never to seek to intentionally mislead the judges by any
artifice or false statements of facts or law, never knowingly
encourage, introduce, or produce false, misleading, or manipulated
evidence including evidence that is artificially generated or
altered to be false, misleading, or manipulated without disclosing
such fact to the court and opposing counsel, nor never knowingly
cite to fictitious court authorities.
Fourth. To exercise reasonable diligence to verify the
authenticity of evidence before offering said evidence to the court.
Fifth. To maintain inviolate the confidence, and, at any peril
to himself or herself, to preserve the secrets of his or her client.
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Fifth. Sixth. To abstain from all offensive personalities, and
to advance no fact prejudicial to the honor or reputation of a party
or witness unless required by the justice of the cause with which he
or she is charged.
Sixth. Seventh. Not to encourage either the commencement or
continuance of an action or proceeding from motive of passion or
interest.
Seventh. Eighth. Never to reject for any consideration personal
to himself or herself the cause of the defenseless or the oppressed.
SECTION 2. AMENDATORY 12 O.S. 2021, Section 2016, is
amended to read as follows:
Section 2016.
PRETRIAL PROCEDURE; FORMULATING ISSUES
In the absence of specific superseding legislation A. Except as
provided in subsection B of this section, the procedures for
conducting pretrial conferences shall be governed by rules
promulgated by the Supreme Court of Oklahoma.
B. 1. In any civil action in a district court, the court may,
at its discretion, direct the attorneys for the parties to appear
before it for conferences to consider the authenticity and
admissibility of exhibits that a party intends to introduce at
trial, including a pretrial ruling on the admissibility of exhibits
or the setting of a hearing date as to the admissibility of
exhibits.
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2. If a party has reasonable suspicion that an opposing party's
exhibits are falsified, misleading, or manipulated, including having
been generated or altered by artificial intelligence resulting in
the exhibits appearing false, misleading, or manipulated, the party
shall raise these concerns at the pretrial conference or at a
pretrial hearing on the admissibility of the exhibits or upon
discovery of such concerns if the discovery occurs after the
pretrial conference.
3. If a party, including its attorney, knows or has reason to
know that its exhibits have been falsified, are misleading, or are
manipulated, including having been generated or altered by
artificial intelligence resulting in the exhibit's possible
appearance as false, misleading, or manipulation, the party and its
attorney shall disclose the fact. An attorney shall exercise
reasonable diligence to verify the authenticity of evidence before
offering it to the court. If an attorney knows or should have known
through the exercise of reasonable diligence that evidence is false,
misleading, or manipulated, the offering of that evidence without
disclosure of that fact may be grounds for sanctions by the court or
for disciplinary action by the Supreme Court.
SECTION 3. This act shall become effective November 1, 2026.
60-2-14756 AQH 01/12/26