Legal Dictionary
Main Entry:
dec·la·ra·tionFunction:
noun 1 : the act of declaring <
declaration of dividends> <
declaration of war>
2 a : the first pleading in a common-law action —compare
COMPLAINT,
INDICTMENT b : a statement usually not under oath made by a party to a legal transaction
declaration stating that he has informed the debtor —J. H. Williamson> c : a statement not under oath being offered as evidence
declaration against interest
: a statement made by someone unavailable as a witness that is against that person's own interests (as pecuniary or property interests) or may subject that person to liability —compare ADMISSION, CONFESSION, SELF-INCRIMINATION
NOTE: A declaration against interest is an exception to the hearsay rule. A statement that is offered to clear the accused is not admissible without corroborating circumstances under the Federal Rules of Evidence.
dy·ing declaration
: a statement that is made by a person who firmly believes that he or she is about to die and has no hope of recovery and that concerns the circumstances or cause of the presumed death —compare EXCITED UTTERANCE, RES GESTAE
NOTE: Dying declarations are an exception to the hearsay rule and can be admitted as evidence only if the declarant is unavailable as a witness.
self–serving declaration
: a statement made out of court that is in the declarant's own interest
spon·ta·ne·ous declaration
/spän-'tA-nE-&s-/
: an excited utterance that is made without time for fabrication called also spontaneous exclamation spontaneous utterance —compare RES GESTAE
NOTE: Spontaneous declarations are exceptions to the hearsay rule under the excited utterance exception.
3 : something that is declared: as a : a statement proclaiming the principles, aims, or policies of a group or government <declaration of rights> —compare CONSTITUTION, PROCLAMATION b : a statement of the value of property that is subject to a tax (as a duty); also : a statement of the amount of tax estimated to be due (as on property or income) —see also ESTIMATED TAX —compare RETURN c : a statement of information (as year, make, and model) regarding the subject (as a car) and coverage of an insurance policy
4 : a statement creating or giving notice of the creation of a legal entity, relationship, or status; also : the instrument embodying such a statement
declaration of condominium
: a declaration of the creation of a condominium that includes a description of the common and individual interests and obligations —compare master deed at DEED
declaration of homestead
: a declaration by a qualified property owner by which the protection of a homestead exemption is effectuated
declaration of trust
: a declaration by one holding or taking title to property in which he or she acknowledges that the property is held in trust for another
5 : DECLARATORY JUDGMENT at, JUDGMENT
[dek-luh-rey-shuh
n] 