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On June 10, 2025, the U.S. Courts' Committee on Rules of Practice and Procedure approved a set of proposed amendments to the Federal Rules, including introducing Proposed Federal Rule of Evidence 707, which addresses the admissibility of AI-generated evidence. Proposed Rule 707 would require that machine-generated evidence—when offered without a human expert—meet the same admissibility standards under Rule 702 (the Daubert standard) as expert testimony. The proposed rule states:
Machine-Generated Evidence: When machine-generated evidence is offered without an expert witness and would be subject to Rule 702 if testified to by a witness, the court may admit the evidence only if it satisfies the requirements of rule 702(a)-(d). This rule does not apply to the output of simple scientific instruments.
The proposal aims to ensure courts apply consistent reliability standards, whether evidence is generated by a person or a machine, especially as AI tools are increasingly used in areas like forensic analysis and discovery. Any AI output offered into evidence must still meet the standard for expert testimony, meaning it must still (1) assist the trier of fact; (2) be based on sufficient facts or data; (3) be the product of reliable methods and principles; and (4) reflect a reliable application of the principles and methods to the facts. According to the Committee, the purpose of Rule 707 is to prevent the proponent of machine-generated evidence from evading "the reliability requirements of Rule 702 by offering machine output directly, where the output would be subject to Rule 702 if rendered as an opinion by a human expert."
The public comment period on Proposed Rule 707 is open through Feb. 16, 2026, allowing stakeholders to weigh in before final adoption.
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