Mr. Fellows is a Fellow of the American College of Trial Lawyers. He has more than four decades of experience litigating complex commercial matters in federal and state courts. In his current role as Chair of the College’s Federal Rules of Evidence Committee, he leads the College’s analysis and commentary on proposed amendments to the Federal Rules of Evidence.
Mr. Fellows speaks about the proposed new Federal Rule of Evidence 707, which would regulate the admissibility of machine-generated evidence, including outputs created by artificial intelligence. The College has endorsed the adoption of Rule 707, emphasizing that AI-generated outputs often function like expert testimony and therefore must satisfy Daubert-level reliability standards. As the College explained in its February 4, 2026 letter, Rule 707 is needed to ensure that machine-generated evidence is subject to rigorous scrutiny concerning reliability, bias, authenticity, and error—preventing parties from using AI systems to bypass the safeguards that apply to human experts.
Mr. Fellows discusses Rule 707 and the practical questions the Rule raises for disclosures, inspections, expert involvement, and jury instructions.
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