declarant, a person who makes a declaration
Black's Law, 1991
Erschienene, the person appearing Dietzl/Lorenz, 2005
"90.804 Hearsay exceptions; declarant unavailable
(1) DEFINITION OF UNAVAILABILITY.--"Unavailability as a witness" means that the declarant:
(a) Is exempted by a ruling of a court on the ground of privilege from testifying concerning the subject matter of the declarant's statement;" ...
"(e) Is absent from the hearing, and the proponent of a statement has been unable to procure the declarant's attendance or testimony by process or other reasonable means." http://www.flsenate.gov/statutes/index.cfm?Ap...
The justification for exempting these statements from the operation of the federal hearsay rule can be traced principally to Professor Edmund Morgan. He advocated a rule, first found in the Model Code of Evidence11 and later in the 1953 version of the Uniform Rules of Evidence,12 that would make admissible any hearsay declaration if the judge found that the declarant was present at the hearing
and subject to cross-examination.http://www.clrc.ca.gov/pub/BKST/BKST-811-Mend...