Judiciary to Get Public Feedback on Draft AI Evidence Rule (1)

The federal judiciary will receive comments on a proposed rule that would apply to evidence created by artificial intelligence, opening the doors to a public debate on how courts should weigh such materials.

The Judicial Conference’s Committee on Rules of Practice and Procedure, known as the Standing Committee, voted Tuesday to publish the draft rule, after leaders of an evidence panel said they’d benefit from hearing from outside voices — including those who work in the tech industry — on how best to move forward.

The proposal would address the reliability of machine-generated evidence when there isn’t an expert witness to testify to it, and says it should meet the requirements for when expert witnesses do testify in court.

The Justice Department was the sole vote against the rule being published for public comment.

US District Judge Jesse Furman, who chairs the judiciary’s Advisory Committee on Evidence Rules, said they anticipate getting many comments on the draft.

“We don’t know whether this should be ultimately approved,” he said of adding a rule on machine-generated evidence to the Federal Rules of Evidence. Furman said the feedback would help determine next steps.

The federal judiciary’s Advisory Committee on Evidence Rules voted last month to advance the draft for public comment. Members of that panel said they also don’t necessary support the version of the rule they advanced, but that they’d benefit from hearing from others about the issue.

The Standing Committee voted to advance a number of other proposed rules to receive public comment. Among them is a measure that would require parties in a case to disclose “grandparent” business entities, or other business organizations that own at least 10% of a party’s parent, so judges can determine whether they should recuse themselves from hearing a case. Judges aren’t allowed to preside over litigation in which they have a financial interest.

Chair’s Farewell

Tuesday’s meeting is also the final one for Senior US District Judge John Bates as chairman of the Standing Committee, a role he has held for five years.

Some members of the panel paid tribute to Bates and his work shepherding amendments and new rules through the process. Others who have previously chaired the Standing Committee or chaired advisory rule committees — Judges Jeffrey Sutton, Robert Dow, and David Campbell — sent statements applauding Bates and his time steering the panel.

Catherine Struve, the standing committee’s reporter, also presented the outgoing chair with commemorative baseball cards that featured Bates.

Bates thanked the committee as well as former members who he’s worked with during his tenure. “It is, most of all, a team process,” he said.