AI Court Rules

The federal rulemaking committee has stalled proposed Federal Rule of Evidence 707, its main project on machine-generated evidence offered without an expert witness. The advisory committee revised the draft, declined to advance it, and sent it back for further study in September 2026. The rule has not cleared the Standing Committee in any form, has not gone to the Supreme Court or Congress, and does not appear on the judiciary's pending amendments list. The rule would have required courts to test AI-generated output against the reliability standards of Rule 702, the expert-testimony rule. Its proposal was first approved for public comment in May 2025.