What was hallucinated

Fabricated: Exhibits & Submissions | Petitioner submitted a 'fábula' produced in collaboration with ChatGPT as the substance of an amicus curiae filing; Court found it inappropriate, removed it from the record and treated the submission as evidence of bad-faith litigation.

Details

Petitioner (an attorney) filed an amicus request accompanied by a 'fábula' co-written with ChatGPT. TSE held that amicus filings are inapplicable in electoral proceedings (Res.-TSE nº 23.478/2016), found the submission to evidence bad-faith litigation and manifestly unfounded intervention, ordered desentranhamento of the petition and imposed a monetary fine for litigância de má-fé.

Sanction teardown · Tribunal Superior Eleitoral, Brazil · 2023-04-14

Nº 0600814-85.2022.6.00.0000

What happened

In Tribunal Superior Eleitoral, Brazil, a filing relied on ChatGPT to help draft legal argument. The court identified the following problems with the citations in that filing:

Fabricated (Exhibits & Submissions)

Petitioner submitted a 'fábula' produced in collaboration with ChatGPT as the substance of an amicus curiae filing; Court found it inappropriate, removed it from the record and treated the submission as evidence of bad-faith litigation.

Which AI tool

ChatGPT. Note: Charlotin's public database records tool attribution only where a court order, brief, or reporting on the matter states it explicitly; "unidentified" or "implied" means the record indicates AI use but does not name a specific product — we do not guess.

Outcome

Monetary Sanction (monetary penalty: 2604 BRL.)

Additional detail

How Citation Safe would have caught this

Citation Safe runs three deterministic layers before a brief is filed: (1) does the citation exist against CourtListener's database of published opinions, (2) if quoted, does that exact language appear in the source, (3) does the cited case actually support the proposition it is cited for. Fabricated case citations fail Layer 1. Fabricated or misattributed quotations fail Layer 2 even when the underlying case is real. Misrepresented holdings — a real case cited for a proposition it does not support — are the target of Layer 3. None of these checks involve asking another language model whether the citation looks right; they are lookups and text-matches against the actual source, which is why a hallucinated citation has to survive a direct lookup against the authoritative source — not another model's opinion — to earn a VERIFIED stamp; our measured false-verify rate is published live at /quality.

Check a brief before you file it → · See our live false-verify rate

Source: https://www.damiencharlotin.com/documents/1044/0600814_Brazil_18_April_2023.pdf, via Damien Charlotin's public AI Hallucination Cases Database (CC0).

Don’t be the next case in this database.

Citation Safe checks every citation against primary sources before it reaches a filing.

Try the free checker Back to database

On the opposing side of their next motion?

Check their next brief through the same engine that would have caught this filing — $49, no signup, full annotated report you can attach to your Rule 11 or sanctions motion.

Open Opposition Check — $49 Sanctions-motion template