---
title: "Assess claimed deepfake or AI-generated evidence under existing FRE rules"
url: "https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/build-an-authenticity-checklist-for-a-key-digital-exhibit/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A44-T1-R1-US"
practice_area: "Incoming evidence — deepfakes & synthetic documents"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-09-23"
---

# Assess claimed deepfake or AI-generated evidence under existing FRE rules

> List authenticity facts (source device, hash, provenance, who offers the item) for a Rule 901 analysis.

Canonical page: https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/build-an-authenticity-checklist-for-a-key-digital-exhibit/united-states  
Last reviewed: 2026-09-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Incoming evidence — deepfakes & synthetic documents](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List authenticity facts (source device, hash, provenance, who offers the item) for a Rule 901 analysis. |
| What the lawyer must review | Apply existing FRE Articles 7 and 9 Do not cite proposed FRE 707 as in force; it was not recommended for action on 7 May 2026 Note that deepfake rules remain under study |
| Written for | United States |
| Applies to | [Build an authenticity checklist for a key digital exhibit](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/build-an-authenticity-checklist-for-a-key-digital-exhibit.md) |

## Checking plan

- What the AI does: List authenticity facts (source device, hash, provenance, who offers the item) for a Rule 901 analysis.
- Basis: Checked against the linked sources on 23 September 2026. Confirm the current instrument before reliance.

## Sources

- [Advisory Committee on Evidence Rules, 7 May 2026 meeting report (proposed Rule 707)](https://www.uscourts.gov/sites/default/files/document/advisory_committee_on_evidence_rules_may_2026.pdf) (checked 2026-09-23)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-09-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*