The following excerpt is from Morgan v. Woessner, 997 F.2d 1244 (9th Cir. 1993):
Without conducting an evidentiary hearing on the question, the district court refused to grant a new trial on the basis of this alleged misconduct. We review a district court's refusal to grant a new trial for an abuse of discretion. Robins v. Harum, 773 F.2d 1004, 1006 (9th Cir.1985).
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