Proposed Montana Deepfake Rule

The Montana Commission on Rules of Evidence has amended its proposed rule of evidence to address deepfakes.

Based on public comments, proposed Rule 901 was “modified to avoid confusion where a judge, not a jury, is the fact-finder.”  In re Montana Commission on Rules of Evidence, 2026 WL 2996761 (Oct. 5, 2026).

The Commission’s proposal states:

If a party challenging the authenticity of an item of evidence demonstrates to the court that a jury-reasonably reasonable factfinder, could find that the item has been fabricated, in whole or in part, by generative artificial intelligence, the item is admissible only if the proponent demonstrates to the court that it is more likely than not authentic.

This blog was initially posted on  Electronic Discovery Reference Model.