Who is a declarant in the context of hearsay?

Who is a declarant in the context of hearsay?

• A. The judge who rules on admissibility.
• B. The person who makes a statement.
• C. The witness who testifies at trial.
• D. The person who offers the exhibit into evidence.

Answer: (B)

In hearsay, the declarant is the person who makes the statement outside the current trial. A statement can be spoken, written, or conveyed by conduct intended as an assertion, and the rule focuses on the source of that assertion. The reason this matters is that hearsay rules exclude or limit the use of such out-of-court statements to prove the truth of what they assert, unless a rule or exception applies. The judge who rules on admissibility is not the declarant, the witness who testifies is recounting the events or the statement, and the person offering the exhibit is simply presenting the evidence. So the declarant is the person who originally made the statement.

In hearsay, the declarant is the person who makes the statement outside the current trial. A statement can be spoken, written, or conveyed by conduct intended as an assertion, and the rule focuses on the source of that assertion. The reason this matters is that hearsay rules exclude or limit the use of such out-of-court statements to prove the truth of what they assert, unless a rule or exception applies. The judge who rules on admissibility is not the declarant, the witness who testifies is recounting the events or the statement, and the person offering the exhibit is simply presenting the evidence. So the declarant is the person who originally made the statement.