Declarant - sustany/dvg GitHub Wiki

A declarant is a person who makes a statement they allege to be true. Typically, such statements are written and signed.� A declarant is sometimes referred to as an�affiant�if the declarant's statement takes the form of a sworn�affidavit.

Under the�Rule 801�of the Federal Rules of Evidence, a �declarant� is a person who makes a statement.�That statement need not be written.�Note that the declarant must be a human; a computer is not a �person� and thus cannot be a declarant. Who is and who is not a declarant is an important distinction because evidence at trial may be�inadmissible�as�hearsay�based on this distinction. For instance, the court in�Gayle v. Statefound that a report that contained text messages between the defendant and another person was not hearsay because the report was generated by a machine and thus not a �statement� made by a �declarant.�

See e.g., People v. Clay, 88 A.D.3d 14, 2011 N.Y. Slip Op. 5729, 926 N.Y.S.2d 598 (N.Y. App. Div. 2011)