What is the definition of 'Declarant' under these rules?

• A. The person who is testifying at the trial.
• B. The person who made the statement.
• C. The party who introduces the statement.
• D. The person who authenticates the evidence.

Answer: (B)

The term declarant means the person who originated the out-of-court statement. This matters in hearsay because the rule looks to who made the statement, not who later testifies about it or who introduces or authenticates the evidence. The person who testifies at trial is simply a witness presenting the content, not the source of the statement. The party that offers the statement is the proponent and has responsibility for its use, but that doesn’t define who the declarant is. Authentication concerns proving a document or item is what it’s claimed to be, which is a separate step. So the defining idea is that the declarant is the maker of the statement.