Utah · state appellate court · 2025

Garner v. Kadince

Court of Appeals of Utah, 22 May 2025. What the court wrote about citations that did not exist, in its own words, from the document on file.

Case record · Utah Ct. App.

  1. Court. Court of Appeals of UtahCOURT
  2. Level. state appellate courtLEVEL
  3. Date. 22 May 2025DATED
  4. Docket. No. Case No. 20250188-CADOCKET
  5. Reporter. 2025 UT App 80CITE
  6. Documents. one document, 4 passages quoted belowON FILE
  7. Source. CourtListenerSOURCE

Retrieved · the text below was read from the source documents on that day.

What the court wrote

The passages in which the court addresses the fabricated authority, verbatim, by document. A bracketed ellipsis marks where a passage was cut for length; nothing else is changed.

Published opinion, 22 May 2025 · source · PDF · 7 pages

Nelson , 2007 UT App 74, 156 P.3d 789” as an AI “hallucinated” case that does not exist anywhere other than on ChatGPT.2 ¶3 Concerned that the Petition contained citations to non - existent and inapposite cases, this court ordered Petitioner’s counsel to appear and show cause why they should not be sanctioned.

Barneck for the limited purpose of the OSC proceeding. Respondents’ counsel also attended the hearing but did not address the court. ¶5 Petitioner’s counsel acknowledged that the P etition contained fabricated legal authority, which was obtained from ChatGPT, and they accepted responsibility for the contents of the Petition. Petitioner’s counsel explained that the Petition had been prepared by an unlicensed law clerk, employed by their law firm, who used ChatGPT in the drafting of the P etition.

Petitioner’s counsel’s conduct has not been similarly egregious, and they have accepted responsibility for their misrepresentations to this court. ¶14 However, regardless of Petitioner’s counsel’ s contrition, harm was done as a result of their acts. Respondents’ counsel were required to expend additional resources researching the citations and source of the hallucinated legal authority . Valuable judicial resources were diverted from considering pending cases to addressing Petitioner’s counsel’s misrepresentations. ¶15 Opposing counsel cannot be required to independently verify the veracity of each citation in another’s court filings.

Garner v. Kadince 20250188-CA 7 2025 UT App 80 CONCLUSION ¶16 This court has considered the specific circumstances of this case and reviewed sanctions imposed by other jurisdictions for citing hallucinated authority. We believe that sanctions are appropriate here because Petitioner’s counsel failed to meet their obligations under rule 40 of the Utah Rules of Appellate Procedure.

What the text mentions

Pattern matches on the documents' text. Each line is a fact that the text contains the words, not a finding about the case.

Where this fits

This page is a record, not legal advice. It quotes the documents on file and lists what their text mentions. Read the decision at the source before relying on it, and check whether a later order changed it.

More from Court of Appeals of Utah, from Utah, or from 2025. The whole record is at court decisions on AI-hallucinated citations.

Every case in this record shares one cause: a citation reached a court without anyone opening it. What a citation gate is explains the mechanism that makes that impossible by construction; how to check an AI citation in five minutes is the manual version; the sanctions record is the essay this table grew out of.

Show me on one of my files →

This case is about a cite nobody opened. See a cite checked against the record before it renders, on your own file.

Show me on my files