Does AI output have to meet FRE 702 reliability standards?
When AI output is offered through an expert, FRE 702 already governs the expert's reliance on it, and the 2023 amendment sharpened the court's gatekeeping over whether the opinion reliably applies its methods. Proposed FRE 707 would extend 702-style…
Answer.
When AI output is offered through an expert, FRE 702 already governs the expert's reliance on it, and the 2023 amendment sharpened the court's gatekeeping over whether the opinion reliably applies its methods. Proposed FRE 707 would extend 702-style reliability scrutiny to machine output offered without an expert. Either way, reliability is the test. Planisphere's reproducible measurement helps meet that standard; it does not itself qualify as expert testimony or provide legal advice.
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expert testimony · reliability gatekeeping.
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