declarant


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declarant

n. the 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. The declaration is more commonly used than the affidavit which is similar to a declaration, but requires taking an oath to swear to the truth attested to (certified in writing) by a Notary Public. In theory, a declarant who knowingly does not tell the truth would be subject to the criminal charge of perjury. Such violations are seldom pursued. (See: declaration, affiant, affidavit)

declarant

noun affiant, affirmant, complainant, one who affirms, one who asserts, one who proclaims, person who makes allegations, proclaimor, witness

DECLARANT. One who makes a declaration. Vide Declarationis.

References in periodicals archive ?
A child declarant is the cognitive inverse of both a
First, the proponent of the statement must demonstrate that "the adverse party murdered the declarant and that the murder was intended to cause the unavailability of the declarant as a witness.
14) Michael Crawford invoked the marital privilege which turned Sylvia Crawford into a non-testifying declarant.
A straightforward reading of both Crawford and Giles reveals that three things must be true before forfeiture by wrongdoing can apply: 1) the declarant must be unavailable to testify; 2) the declarant's unavailability must be a result of the defendant's actions, and; 3) the defendant's actions must have been undertaken with the intent to produce the declarant's unavailability.
Le President Morsi, jetant la balle dans le camp de l'Interieur et de la Defense, a convoque respectivement les deux ministres, pour examiner la situation, se declarant tres concerne par un pareil incident.
6) In that decision, the Court held that under the Confrontation Clause, out-of-court statements elicited by police interrogation were testimonial, and therefore inadmissible, unless the defendant had the opportunity to cross examine the declarant.
The second decision stipulates the submission of a Financial Disclosure Statement by government officials, which contains a statement of all movable and real estate owned by the declarant, the spouses and minor children and their sources.
The second decision stipulates the adoption of a Financial Disclosure Statement of the government officials, which contains a statement of all movable and real estate owned by the declarant, the spouses and minor children and their sources, whether such funds are present in the country or abroad.
28) However, Giles held that a defendant forfeits his right to confront an unavailable hearsay declarant if the court finds that he engaged in wrongdoing that was designed to and did in fact cause the declarant's unavailability.
Rule 803(1)--which serves as the model for identical rules in most states (30)--excepts from the hearsay prohibition a statement "describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.
hearsay evidence to establish that the hearsay declarant was unavailable
Depending on the applicable jurisdiction, however, a person who succeeds to or exercises any "special declarant rights," or to whom any special declarant rights are transferred, may also be a declarant under the law.

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