Suggested Topics and Questions for Consideration by the Advisory Committee on Evidence Rules on Draft FRE 707 and 901(c)

The Advisory Committee on Evidence Rules has scheduled an October 2026 symposium to evaluate whether draft Federal Rules of Evidence 707 and 901(c) are necessary, and if so, how they can be written to provide meaningful guidance to courts while remaining workable for litigants and companies as technology evolves.

The symposium provides an opportunity to address foundational issues concerning the admissibility, reliability, authentication, and procedural treatment of AI-generated evidence—issues that will increasingly affect litigation as artificial intelligence becomes more widely integrated into society and the administration of justice.

LCJ suggests to the Advisory Committee that the symposium should include not only address whether AI generated evidence can satisfy an admissibility threshold, but also whether evidence that clears that threshold can be meaningfully tested at trial without a sponsoring expert available for cross examination. In the spirit of assisting the Advisory Committee and conference participants in this important effort, LCJ’s letter proposes topics and questions for consideration at the symposium.

This letter to the Advisory Committee was an initiative of LCJ’s AI Evidence Rules Subcommittee. Click here to read the letter.