The declarant is the person that makes the out-of-court statement not the person bringing the action ( lawsuit ).
12.
The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is . ..
13.
The word declarant, when discussing the hearsay rule and its exceptions, refers to the person who makes an out-of-court statement.
14.
As a declarant said : " After the slaughter, people left and the place began to fill with water, as simple as that ".
15.
A declarant who refused to leave the mountain, said : " I thought, here I might die from hunger but not of a gunshot ".
16.
For example, if John is on the witness stand and says " Mary said that she was afraid . " Mary is the declarant, not John.
17.
The witness testifying about the statement need not be the declarant who, with firsthand knowledge about the event and condition, would normally make a better witness.
18.
In " everyday " law, " witness " means someone who sees or observes something and " declarant " means someone who says something under oath.
19.
A complete and detailed statement may infer the lack of spontaneity, as a narrative of a past completed event would require the declarant's reflection and organization.
20.
The witness must have personal knowledge of declarant's making of the statement, but need not have personal knowledge of the event or the content of the statement.
