---
title: "Flag candidate synthetic or altered items in a production set"
url: "https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/flag-candidate-synthetic-or-altered-items-in-a-production-set/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A44-T1-R2-US"
practice_area: "Incoming evidence — deepfakes & synthetic documents"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Flag candidate synthetic or altered items in a production set

> On a closed review set, list items whose metadata, pixels, or wording look inconsistent with the rest of the production, and quote the inconsistency. Do not label an item fabricated.

Canonical page: https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/flag-candidate-synthetic-or-altered-items-in-a-production-set/united-states  
Last reviewed: 2026-10-22

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 | Yellow: Lawyer and AI draft together |
| How AI is used | On a closed review set, list items whose metadata, pixels, or wording look inconsistent with the rest of the production, and quote the inconsistency. Do not label an item fabricated. |
| What the lawyer must review | Discovery scope is Rule 26(b)(1): relevant and proportional. Authenticity at trial is still Rule 901(a). The 17 May 2026 committee report said a deepfake amendment was not warranted yet, and that a bare claim of fabrication is not enough under the draft the committee is holding. You decide which items need an expert. Keep the production out of a public tool (Rule 1.6; Formal Opinion 512). |
| Written for | United States |
| Applies to | [Flag candidate synthetic or altered items in a production set](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/flag-candidate-synthetic-or-altered-items-in-a-production-set.md) |

## Checking plan

- What the AI does: On a closed review set, list items whose metadata, pixels, or wording look inconsistent with the rest of the production, and quote the inconsistency. Do not label an item fabricated.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The committee's working Rule 901(c) would require the opponent to show evidence sufficient to support a finding of fabrication before the court inquires. That text is not in force.
- Rule 11 does not apply to discovery requests and responses (Rule 11(d)). A filing about the item does.

## Sources

- [Federal Rule of Evidence 901, Authenticating or Identifying Evidence](https://www.law.cornell.edu/rules/fre/rule_901) (checked 2026-10-22)
- [Federal Rule of Civil Procedure 26](https://www.law.cornell.edu/rules/frcp/rule_26) (checked 2026-10-22)
- [Advisory Committee on Evidence Rules, report of 17 May 2026 (meeting of 7 May 2026)](https://www.uscourts.gov/sites/default/files/document/advisory_committee_on_evidence_rules_may_2026.pdf) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Federal Court checklist: generative AI and evidentiary material](https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/federal-court-genai-evidence-disclosure.md) | Checklist | Yellow | A checklist for evidentiary material in the Federal Court where generative AI may have been used: when the practice note requires disclosure, what that disclosure must say, and what must not be put… |
| [Production-set log for candidate synthetic or altered media](https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/production-synthetic-media-log.md) | Form | Yellow | Log for marking items in a production, brief or client upload that need a lawyer's eye: missing native files, platform AI labels, inconsistent metadata, or a witness account that does not match the… |
| [NSW gate before compelled or suppressed material enters a generative AI program](https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/nsw-genai-gate-compelled-material.md) | Checklist | Yellow | A gate, under Supreme Court Practice Note SC Gen 23 paragraph 9A, before subpoenaed, suppressed, or compulsion material is entered into any generative AI program, including a closed one. |
| [Response sheet: suspected non-consensual intimate deepfake](https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/intimate-deepfake-response-sheet.md) | Checklist | Yellow | Internal steps when an image or video in a matter shows, or appears to show, a person in an intimate deepfake: do not copy it further, do not put it into a public AI tool, and record the eSafety and… |

Signed-in accounts can read the full text of each one.

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