Legal Definitions - declarant

Declarant

A declarant is simply a person who makes a statement. In legal terms, this statement can be spoken aloud, written down, or even communicated through gestures, as long as it is intended to convey information. A crucial aspect is that the statement must originate from a human being; machines or animals cannot be declarants. This concept is particularly significant in legal proceedings, especially when courts need to determine whether a statement can be presented as evidence, often in the context of rules against hearsay.

• Example 1: Witness Testimony

  During a criminal trial, a witness testifies that they heard the defendant shout, "I'm going to get even!" just before an incident occurred. The witness is recounting a statement made by the defendant.

  In this scenario, the defendant is the declarant because they are the person who originally made the verbal statement that the witness is now repeating in court.

• Example 2: Written Affidavit

  A person applying for a visa needs to provide a sworn statement detailing their financial assets. They write down all the information, sign it, and have it notarized.

  Here, the visa applicant is the declarant (and specifically an "affiant" because the statement is sworn) as they are the individual who created and signed the written statement about their financial situation.

• Example 3: Emergency Call Recording

  A 911 operator receives a call where a distressed individual states, "My house is on fire!" The call is recorded.

  The distressed individual is the declarant because they are the human being who made the urgent verbal statement about the fire. The recording merely captures the statement made by the human declarant.