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Simple English definitions for legal terms

declarant

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A quick definition of declarant:

A declarant is someone who says something they believe to be true. This can be in writing or spoken out loud. They might also be called an affiant if they swear that what they are saying is true. It's important to know who is and who isn't a declarant because evidence in court might not be allowed if it's hearsay, which means it's something someone else said and not something the declarant said themselves. Computers can't be declarants because they're not people.

A more thorough explanation:

A declarant is a person who makes a statement that they claim to be true. This statement can be written or spoken, but if it is written, it is usually signed. If the statement is made in the form of a sworn affidavit, the declarant is sometimes referred to as an affiant.

According to Rule 801 of the Federal Rules of Evidence, a declarant is a person who makes a statement. However, it is important to note that the declarant must be a human and not a machine or computer. This distinction is important because evidence at trial may be inadmissible as hearsay based on this distinction.

For example, in the case of Gayle v. State, a report containing text messages between the defendant and another person was not considered hearsay because the report was generated by a machine and not a statement made by a declarant.

Another example is People v. Clay, where the court found that a statement made by a witness was hearsay because the witness was not present in court to testify and be cross-examined. This illustrates the importance of having a declarant present to testify and defend their statement in court.

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THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
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@JumpySubsequentDolphin: wait this is so cute, also where r u going
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JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
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