AI-Driven Surge in Self-Represented Litigation Alters Federal Courts: Study

Generative AI Reshapes Federal Civil Court Litigation, Study Finds

A new draft study, Access to Justice in the Age of AI: Evidence from U.S. Federal Courts, reveals how generative AI is transforming self-represented litigation in the U.S. federal civil court system. Conducted by Anand V. Shah and Joshua Y. Levy, the research analyzes administrative records spanning over 4.5 million non-prisoner federal civil cases from fiscal years 2005 to 2026, alongside 46 million PACER docket entries.

Key Findings on AI’s Impact on Pro Se Litigation

The study documents three major trends:

• Surge in self-represented cases: Pro se filings—cases where parties represent themselves—have risen sharply from a long-term average of 11% to 16.8% in FY2025. This increase is most pronounced in case types involving formulaic document production, while more complex, attorney-intensive cases remain unaffected.
• Increased burden on federal courts: Despite the rise in pro se cases, these filings are not resolving faster. Combined with the higher volume, this places additional strain on federal district courts. Intra-case activity has also escalated, with the total docket entries per court generated by pro se cases in their first 180 days rising by 158% from pre-AI levels to 2025.
• Direct evidence of AI-generated complaints: By examining a random sample of 1,600 complaints from 2019 to 2026, researchers found that AI-generated text is increasingly present in filings. The share of complaints flagged as AI-generated has grown from near zero in the pre-AI era to over 18% in 2026.

"We document three sets of findings: a dramatic rise in pro se cases, increased burden on federal courts, and direct validation of AI use in litigation."

Uncertain Impact on State Courts

The study focuses on federal courts, leaving the impact of AI-assisted litigation on state courts unclear. The authors suggest that similar trends may emerge in state jurisdictions, though further research is needed to confirm this.

The full draft paper, Access to Justice in the Age of AI: Evidence from U.S. Federal Courts, is available for review.