Common sense dictates that the evidence you present at trial will affect the trial outcome. But, the trier of fact must understand your evidence before it can be persuaded by such evidence. The source of evidence and accompanying testimony usually are paramount to swaying the trier of fact. Indeed, it has long been acknowledged that “[a]n intelligent evaluation of facts is often difficult or impossible without the application of some scientific, technical, or other specialized knowledge.” Fed. R. Evid. 702, 1972 Adv. Comm. Notes. Accordingly, trial lawyers often retain expert witnesses to bolster their cases.
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