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From Evidence to Misinformation: Courts Brace for Deepfake Challenges

Complex Discovery

Expert Testimony and Forensic Analysis: The paper emphasizes the role of expert witnesses in helping courts distinguish between real and AI-generated evidence. However, given the current limitations in AI detection technologies, human experts may still struggle to accurately authenticate evidence.

Evidence 111
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Federal Rule of Evidence 702: A Useful Rule (When It's Followed)

Evidence at Trial

What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another. And when it comes to expert opinion testimony, there can be even more uncertainty. It says, in essence, a qualified expert may provide opinion testimony if a checklist of conditions is met.