US
US | Incident Report Regulatory Action
2026-01-15

US judiciary panel hears feedback on proposed Federal Rule 707 for AI-generated evidence

AI Model: Unspecified generative AI tool

I. Executive Summary

The U.S. Judicial Conference’s Advisory Committee on Evidence Rules held a public hearing on a proposed new Federal Rule of Evidence (Rule 707) addressing machine- or AI-generated evidence offered without expert testimony. Lawyers and stakeholders raised concerns that the draft may be premature or ambiguous, while the committee framed the proposal as a reliability backstop analogous to Rule 702. If advanced, the proposal would be a first nationwide federal evidentiary rule tailored to AI- or machine-generated evidence.

II. Key Facts

  • Public hearing held on January 15, 2026 by the Advisory Committee on Evidence Rules.• Proposal would apply Rule 702-style reliability scrutiny to AI/machine-generated evidence introduced without an expert witness.• Corporate and class-action lawyers criticized the draft as premature and asked for revisions or delay.• Committee materials and testimony packets were published via the U.S. Courts website.

III. Regulatory & Ethical Implications

A new Rule 707 would materially affect admissibility strategy for AI-generated outputs (e.g., analytics, reconstructions, model-driven inferences) where no human expert is offered. Litigators should monitor the rulemaking record and anticipate increased pretrial reliability motions and disclosure pressure around system design, data provenance, and error rates.

IV. Media Coverage & Sources