declarant

A declarant is a person who makes a declaration, particularly a written statement that is sworn or affirmed as true. In many legal systems, the declarant is the author of a declaration, affidavit, or other signed statement used as evidence or as part of a legal filing. The term emphasizes the act of declaring, rather than the role of giving live testimony in court.

In practice, declarants are common in civil and administrative proceedings. A declaration may be filed in support of, or in opposition to, a motion for summary judgment or other relief. Such declarations are typically written statements of facts made under oath or under penalty of perjury, and they may substitute for or supplement live testimony in certain contexts. Declarations are governed by rules of evidence and procedure that require the declarant to base statements on personal knowledge, to distinguish facts from opinions, and to be subject to credibility assessments.

A key distinction exists between declarants and witnesses who testify at trial (often called deponents in some jurisdictions). A declarant signs a written declaration, while a witness may provide oral testimony in court or undergo cross-examination. In some settings, a declarant’s statements can be critical, for example in asylum or other immigration proceedings where a declaration describes persecution or other harms. Perjury risks apply if a declarant willfully provides false information, and authenticity and admissibility are governed by relevant procedural rules.

Overall, the term highlights the act of making a formal, sworn declaration and the declarant’s role in supplying factual statements within legal processes.