Defense · FRE 707 (proposed)
FRE 707 (proposed) for defense AI workflows
FRE 707 (proposed) in defense AI workflows: what compliance requires, who asks for evidence, and the records to keep.
01 / The rule
What FRE 707 (proposed) requires
Would apply to parties offering AI or machine-generated evidence in federal court without a sponsoring expert witness.
- 01As published: machine-generated evidence offered without an expert must satisfy Rule 702(a)-(d) if it would need Rule 702 when given by a witness.
- 02Revised draft: proponent shows the AI evidence helps the trier of fact, rests on sufficient data, uses reliable methods, reliably applied.
- 03Revised draft: ordinarily provide an expert to explain how the AI system reliably produced the evidence; other proof only in exceptional circumstances.
- 04Revised draft: give all parties reasonable notice of intent to offer AI-produced evidence.
02 / In this sector
In a defense AI workflow
This proposal is written for AI output, such as model analyses, predictions or reconstructions offered as evidence without a human expert. The revised draft defines AI as a machine-based system that makes predictions, recommendations or decisions for human-defined objectives.
Program office leads and ATO-package owners.
NIST AI RMF · DoW RAI · OMB M-25-21.
03 / Records
Records to keep
- 01Validation and error-rate records for the AI system
- 02Description of training and input data sufficiency
- 03Reproducible run records showing reliable application to case facts
- 04Pretrial notice served on opposing parties
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
Administrative Office of the U.S. Courts
RELATED
Related: FRE 707 (proposed): the full guide · FRE 707 (proposed) for medicine · FRE 707 (proposed) for law · FRE 707 (proposed) for education