“The Advisory Committee has not come to a formal decision on this issue.” — source
Next: No Evidence Rule 707 appears in the August 2026 preliminary draft; monitor future Evidence Rules agenda books.
The Advisory Committee published proposed Rule 707 in August 2025 to apply Rule 702 reliability standards when machine-generated evidence substitutes for expert testimony. The May 2026 agenda reflects continued study and controversy rather than advancement to the next rulemaking stage.
Operative text
Rule 707. Machine-Generated Evidence When machine-generated evidence is offered without an expert witness and would be subject to Rule 702 if testified to by a witness, the court may admit the evidence only if it satisfies the requirements of Rule 702(a)-(d). This rule does not apply to the output of simple scientific instruments.
Verbatim; United States government works are public domain.
Machine-generated evidence reliability gatekeeping · proposed rule
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