A person or party who makes a formal declaration.
- As in the first instance above, I find this hearsay evidence to be necessary as the declarant is now deceased.
- Given my conclusion that only the comments of the deceased declarants Belanger and Kane meet both the necessity and reliability criteria, it may be that their remarks have limited probative value, and could be taken out of context.
- At the stage of hearsay admissibility the trial judge should not consider the declarant's general reputation for truthfulness, nor any prior or subsequent statements, consistent or not.
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