For purposes of the hearsay rule, the "declarant" is the person who makes a statement.

Fed. R. Evid. 501 ("However, in civil actions and proceedings, with respect to an element of a claim or defense as to which State law supplies the rule of decision, the privilege of a witness, person, government, State, or political subdivision thereof shall be determined in accordance with State law.").State privileges apply in federal civil actions with respect to any element of a claim or defense for which state substantive law provides the rule of decision.

Crawford v. Washington, 541 U.S. 36, 51 (2004) ("The text of the Confrontation Clause reflects this focus. It applies to 'witnesses' against the accused--in other words, those who 'bear testimony.' 2 N.....One factor influencing the classification of a statement as "testimonial" or "non-testimonial" for purposes of the right of confrontation guaranteed by the Sixth Amendment of the United States Constitution is whether the statement was in the nature of, or akin to, testimony; the more the statement resembles testimony, the more likely it is that the statement will be classified as "testimonial" and thus be subject to the constraints imposed by the Confrontation Clause on the admissibility of "testimonial" hearsay in criminal trials.

United States v. Workinger, 90 F.3d 1409, 1415-1416 (9th Cir. 1996) (upholding trial court's admission into evidence of the transcripts of his recorded deposition because they were adequately authenticated as (1) "the....A matter may be authenticated by the testimony of a witness who has personal knowledge that the matter is what its proponent claims it is.