ANALYSIS: Proposed FRE 707 Stalls—But Is That Such a Bad Thing?

The federal Advisory Committee on Evidence Rules has decided not to advance to the next stage of the approval process a proposed rule governing the admissibility of AI-generated opinion-like evidence, which was published for public comment last summer.

Proposed Rule 707, in any form, is now over three years away from taking effect, at the earliest. The wait may reveal whether the problem the rule would solve is big enough to warrant it.

Down But Not Out

Rule 707 would apply in limited circumstances: where a party seeks to introduce AI output tantamount to an expert opinion (e.g., an analysis ...