The Advisory Committee on Evidence Rules proposed new Federal Rule of Evidence 707 to require courts to evaluate the reliability of machine-generated evidence under a framework modeled on Rule 702. As drafted, the proposal would subject outputs generated by machines—including software and other technological systems—to judicial gatekeeping to ensure that the evidence reflects reliable principles and methods and a reliable application to the facts of the case.

AAJ filed a formal comment on February 16, 2026 urging the Committee to pause and redraft the proposal, arguing that the rule is overly broad and would sweep in vast categories of routinely admitted evidence, such as geolocation data, surveillance footage, electronic health records, and other commonly relied-upon digital information. AAJ recommended narrowing the rule to focus specifically on machine learning or artificial intelligence systems, providing a clear definition of “machine-generated,” and exempting routinely used and judicially noticeable technologies to avoid unnecessary satellite litigation and inconsistent application across courts.

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