Who is referred to as a declarant in legal terms?

In legal contexts, the term "declarant" refers specifically to a party who makes a statement, particularly an unsworn statement, that is relevant to a matter at hand. This is often applicable in situations where an individual's assertions are being presented for consideration, even if they are not under oath. The significance of a declarant lies in their role as a source of testimony or narrative, where their statements may be used to substantiate claims, provide clarity, or inform the proceedings.

On the other hand, sworn evidence is typically presented by individuals who are testifying under oath, making them witnesses rather than declarants. A judge, while an essential figure in legal proceedings, serves a different function and does not fit the definition of a declarant. Similarly, an attorney, who represented a client, operates within the legal framework to advocate for their client’s interests, rather than acting as a declarant themselves. Thus, understanding the nuanced role of a declarant in providing statements is crucial in legal processes.