86% Fake—100% Admissible? Rethinking Evidence in the AI Era

Courts are increasingly confronting AI-generated and AI-manipulated evidence land on their dockets. But with innovation comes ...

Authenticity Under Pressure: Rethinking Rule 901 in the Age of AI

This technological shift has triggered a parallel evolution in law. The conversation now spans from reforming Rule 901 to ...
JD Supra

With the Federal Rule of Evidence 702 Amendment in Place, Federal Courts Issue Rulings in Conformity with the Changes, and Attention Shifts to the States

It has now been over six months since the amendment to Federal Rule of Evidence 702 regarding the admissibility of expert testimony went into effect on Dec. 1, 2023. That amendment clarifies that: (1) ...
Reason

Amended Federal Rule of Evidence 702 on Expert Evidence

Longtime readers will recall that every so often, I would go on a "rant" about how many federal judges were ignoring the text of Federal Rule of Evidence 702, as amended in 2000. Instead, they were ...
JD Supra

Federal Experts Weigh Rule Changes for Deepfake Evidence

Seeing is believing, and that’s a problem when it comes to deepfake evidence in court. We’ve already remarked on the many instances where careless use of generative artificial intelligence is flooding ...
Computer Weekly

No simple replacement for digital evidence rules, says Post Office Horizon trial judge

The managing judge of the High Court battle that opened up the Post Office Horizon scandal has warned that while current rules on digital evidence need to change, they should not simply revert to ...
The National Law Review

Judicial Conference Advisory Committee Releases Report on Evidence Rules for AI

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Forbes

Deepfakes Are Entering U.S. Courtrooms—Judges Say They’re ‘Not Ready’

Deep fake hoax false and ai manipulation social media on display. Searching on tablet, pad, phone or smartphone screen in hand. Abstract concept of news titles 3d illustration. A California judge ...
The National Law Review

Synthetic Media Creates New Authenticity Concerns for Legal Evidence

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
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AI-generated evidence is showing up in court. Judges say they're not ready.

Judge Victoria Kolakowski sensed something was wrong with Exhibit 6C. Submitted by the plaintiffs in a California housing dispute, the video showed a witness whose voice was disjointed and monotone, ...
The Journal News

New York state budget to alter evidence rules before trials. What's changing?

New York is set to alter its rules on sharing evidence in criminal cases to stem what prosecutors and Gov. Kathy Hochul say has been a frustrating tide of dismissals based solely on technical grounds.