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ARTICLE · 25 AUGUST 2025

New Evidence Rule 707 Would Set Standards For AI-Generated Courtroom Evidence

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Proposed Rule of Evidence 707 would subject "machine-generated evidence" to the same admissibility standard as expert testimony.

United StatesTechnology
Kaitlyn E. Stone
Kaitlyn E. Stone
Nicholas A. Sarokhanian
Nicholas A. Sarokhanian
William M. Carlucci
William M. Carlucci
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Highlights

  • Proposed Rule of Evidence 707 would subject "machine-generated evidence" to the same admissibility standard as expert testimony.
  • To be admissible, the proponent of the evidence must show that the AI output is based on sufficient facts or data, produced through reliable principles and methods, and demonstrates a reliable application of the principles and methods to the facts.
  • Public comment on proposed Rule 707 is open until February 16, 2026.

In November 2024, amendments to the Federal Rules of Evidence were proposed to address the use of evidence generated by artificial intelligence (AI). A prior alert discussed these proposed amendments: (1) an amendment to Rule 901 on authenticating evidence, and (2) the creation of a new Rule 707 on the admissibility standard for such evidence.

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