A declarant, generally speaking, is anyone who composes and
signs
Signs may refer to:
* ''Signs'' (2002 film), a 2002 film by M. Night Shyamalan
* ''Signs'' (TV series) (Polish: ''Znaki'') is a 2018 Polish-language television series
* ''Signs'' (journal), a journal of women's studies
*Signs (band), an American ...
a
statement or
declaration alleging that the information he has given therein is
true
True most commonly refers to truth, the state of being in congruence with fact or reality.
True may also refer to:
Places
* True, West Virginia, an unincorporated community in the United States
* True, Wisconsin, a town in the United States
* ...
. This differs from an ''affiant,'' as in the case of an
affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...
the facts therein are
sworn
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to giv ...
to before a
notary public or other official, whereas a declaration is usually made by one person for the use of another.
Uttering a statement or declaration which is proven to be false is a crime in many jurisdictions, though usually a separate offence from
perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...
.
The word declarant, when discussing the
hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmi ...
rule and its exceptions, refers to the person who makes an out-of-court statement. For example, if John is on the
witness stand
A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual ...
and says "Mary said that she was afraid." Mary is the declarant, not John. This concept is important in understanding many applications of the hearsay rule and its exceptions.
Common law legal terminology
Evidence law
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