Question · FRE 702
Does AI output have to meet FRE 702 reliability standards?
Rule 702 lets a qualified expert testify only if the proponent shows the court it is more likely than not that the testimony is helpful, based on sufficient facts or data, the product of reliable methods, and a reliable application of those methods.
01 / The answer
The short answer
When an expert relies on AI output, yes. Rule 702 requires the party offering the expert to show the court, more likely than not, that the opinion rests on sufficient facts or data, uses reliable methods and reliably applies them to the case. AI output offered without any expert is judged today under general rules such as relevance and authentication. Proposed Rule 707 would apply Rule 702's standards to that output, but in May 2026 the Advisory Committee on Evidence Rules declined to advance it and is studying a revised draft.
02 / The rule
What FRE 702 requires
Rule 702 lets a qualified expert testify only if the proponent shows the court it is more likely than not that the testimony is helpful, based on sufficient facts or data, the product of reliable methods, and a reliable application of those methods. The 2023 amendment made the preponderance standard explicit and tightened the 'reliable application' prong. That matters wherever an expert's opinion rests on AI or model output.
- 01Show the court, more likely than not, that each Rule 702 requirement is met; weight arguments do not substitute for this showing.
- 02Base the opinion on sufficient facts or data.
- 03Use reliable principles and methods, including known or potential error rates where available.
- 04Show the opinion reflects a reliable application of the method to the case facts, without overstating certainty.
03 / Records
Records to keep
- 01Expert report describing data, method, and error rate
- 02Validation studies or benchmarks for any AI tool relied on
- 03Versioned inputs, settings and outputs allowing reproduction
- 04Record of limits and uncertainty stated in the opinion
Optional evidence · where Planisphere fits
Keep a record anyone can check
When your team meets a duty, Planisphere can seal the event it reports as a receipt.
A disclosure shown, a review signed, a model change approved: the event your system reports.
The event becomes a sealed receipt, dated and attributed to whoever is signed in.
Paste the receipt into Verify. No account or key.
A record supports your compliance evidence process. It is not a legal finding or a certification. Systems that call Planisphere's gate API can also hold or refuse an action before it runs.
SOURCES
Go back to the source
Administrative Office of the U.S. Courts
Legal Information Institute (Cornell)
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Related: FRE 702: the full guide · What did the 2023 FRE 702 amendment change for expert testimony?