ANSWERS: 1
  • The term declarant is an important term in the Federal Rules of Evidence and the rules of evidence in most states. The word declarant is particularly significant to rules of evidence involving statements made out of court.

    General Definition

    Law.com defines a declarant as a person making a statement, usually written and signed by that person, under "penalty of perjury" pursuant to the laws of the state in which the statement, called a declaration, is made.

    Definition in Federal Rules of Evidence

    The Federal Rules of Evidence define a declarant in Rule 801(b) only as a person who makes a statement. The definition is located in Article VIII under the rules governing hearsay (out-of-court statements).

    Importance of the Term

    Judges use the Federal Rules of Evidence to determine whether or not to let juries hear various statements by declarants.

    Types of Declarants

    Declarants can include witnesses making statements at the scene of an accident or doctors making statements about the treatment or diagnosis of their patients.

    Declarants May Not Have to Testify

    The Federal Rules of Evidence allow some statements by declarants, such as statements made by doctors about treatment and diagnosis, to be admitted at trial even if the declarant is not available to testify.

    Source:

    Law.com: Definition of Declarant

    Law.cornell.edu: Federal Rules of Evidence

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