Existing Rules, Emerging Changes: How Courts Are Dealing With Experts’ AI Use

Courts, at both state and federal levels, are still working out how to address experts' AI use as a part of litigation. For example, only a handful of courts have, thus far, addressed what, if any, part of an expert's AI prompts and AI-related work product can enter the record and are doing so using existing procedural and evidentiary rules. Texas Professional Ethics Committee Opinion 705, issued in February 2025, applies existing Texas Disciplinary Rules of Professional Conduct directly to the use of generative AI by attorneys, and by extension, experts. (I have a whole presentation on this topic if you're interested!)

But changes may be coming. Last Thursday in Boston, the federal Advisory Committee on Evidence Rules held expert panels on two proposals. Advisory Committee on Evidence Rules, October 15, 2026 (available at https://bit.ly/4k6s9VG). The first proposal addressed an entirely new rule, Rule 707, that would require AI-generated conclusions offered without an expert to