Insight
Proposed Federal Evidence Rule 707 Returns for Further Study
The released proposal was withdrawn; modified text remains under committee study.
Law checked through
At its May 7, 2026 meeting, the Advisory Committee on Evidence Rules withdrew the Rule 707 version released for public comment and returned a modified proposal for further study. The September 23 agenda book sets AI evidence and deepfake authentication discussions for October 15, 2026. That meeting is after this article’s law-check date and has not been reported as completed.
No operative Rule 707 follows from the agenda. Existing Rules 702 and 901 supply the federal reliability and authentication requirements; Texas has its own Rules 702, 705 and 901. Texas’s June 26, 2026 proposed filing-rule amendments concern certifications and AI use in filings, a different issue from adopting an evidence-rule counterpart.
Preserve the original evidence, the processing steps and the basis for any asserted inference. A proposal supplies an issue to watch; it does not replace the foundation required by current rules.
Sources
- Evidence Rules Committee October Agenda
- Federal Rules of Evidence
- Texas Rules of Evidence
- Texas Proposed Filing Rule Amendments