Written by attorneys · grounded in primary & secondary sources — see below
Exact literal transcription or quotation of statements or text without paraphrase or omission.
Sources & Authorities
How it applies
Common Examples
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Miranda Warning Phrasing
Officer Ramirez advised Dustin Donovan of his rights during an arrest but used slightly varied wording about obtaining counsel. The court reviewed whether the substance matched the required warnings. Because the advice conveyed the rights without needing exact repetition, the statement was admissible.
Deposition Recording Method
Dylan Duffy noticed a deposition and the officer recorded answers using an electronic device rather than shorthand. The parties later disputed whether the record satisfied procedural standards. The electronic method produced an exact account of the testimony as required.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Dictionaries
Globe Newspaper Co. v. Superior Court457 U.S. 596 (1982)
Quoted Material in Article
Dawson Steel prepared an article that included passages copied directly from a manuscript owned by Duarte Shipping. The publisher challenged the use of the material. The court examined whether the copied sections were taken word for word without transformation.
Harper & Row Publishers, Inc. v. Nation Enterprises471 U.S. 539, 566 (1985)
Newspaper Reply Obligation
Dover Bank demanded space in the Miami Herald to respond to an editorial. The paper refused to print the response exactly as submitted. The dispute centered on whether the newspaper had to carry the statement word for word.
Miami Herald Publishing Co. v. Tornillo418 U.S. 241 (1974)
Video Recording of Broadcast
Demetrius Douglas recorded television programs using a home device for later viewing. Studios claimed the copies reproduced the original content exactly. The court considered whether such exact duplication constituted infringement.
Sony Corp. of America v. Universal City Studios, Inc.464 U.S. 417, 435 & n.17 (1984)
University Policy Statement
Derek Douglas submitted a policy document to the IRS that repeated language from an earlier filing. The government examined whether the submission matched the prior text exactly. The inquiry focused on the literal content of the statements.
Bob Jones University v. United States461 U.S. 574, 600, 103 S.Ct. 2017, 76 L.Ed.2d 157 (1988)
Common questions
Frequently Asked
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Does the phrase require every legal document to be reproduced exactly?+
No. The phrase describes exact word-for-word reproduction when that standard applies, but many rules permit substantial equivalents or summaries instead.
When must testimony be captured de verbo in verbum?+
Rules such as Fed. R. Civ. P. 30(c)(3) and Fed. R. Crim. P. 4.1 require the officer or recorder to capture answers or transmissions verbatim during depositions and certain warrant proceedings.
Can a Miranda warning satisfy the rule if it is not repeated exactly?+
Yes. Warnings need only convey the substance of the rights. A rigid word-for-word recitation is not required.
Does the phrase apply to discovery logs or privilege descriptions?+
No. A privilege log need only describe the nature of withheld documents sufficiently for evaluation. It does not require verbatim reproduction of their contents.
462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317Legislation and Regulation
…process. Since the precise terms of those familiar provisions are critical to the resolution of these cases, we set them out verbatim. Article I provides: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." Art. I, §…