Legal Definitions - declarant

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.