RumbergerKirk partner Leonard Dietzen said that Rule 707 could spur artificial intelligence companies to change the design of their products for certain types of litigation in an article about a proposed federal AI evidence rule published in Law360 Pulse on August 27, 2025.

The new Rule 707 would define how AI evidence can be presented to the court, and potentially close a loophole creates a different standard between AI and other types of evidence.

Dietzen predicted “an exponential growth in AI use” if the rule is adopted, and that future cases could turn into “battle of the tech experts” as both sides try to argue about how the AI tools in a case were trained and what prompts were used.

As reported, Rule 707 could still change as a result of public comments, which the Judicial Conference is accepting until Feb. 16. Many of the issues raised may still be addressed.

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