The following excerpt is from Hughes v. General Motors Corp., 35 F.3d 571 (9th Cir. 1994):
Obviously, not all allegations of juror misconduct warrant a hearing; the majority opinion's Secs. 3(a)-3(b) presents two such instances. Allegations, even if true, may be insufficiently serious, or they may be transparently false. Consequently, where affidavits on their face do not make it more likely than not that a different verdict would have been reached, see Hard v. Burlington Northern R.R., 870 F.2d 1454, 1461 (9th Cir.1989) (Hard II ), or where the district court can determine that the allegations are without credibility, see United States v. Navarro-Garcia, 926 F.2d 818, 822 (9th Cir.1991), no evidentiary hearing is necessary.
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