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3. Does your state recognize a self-critical analysis privilege?Arizona follows the national trend with regard to the self-critical analysis privilege.Courts have been willing to deem documents and discussions privileged for publicpolicy reasons where the information concerns self-critical analysis aimed at preventingpotential future harm. The legislature has passed legislation SB-1106 amending Sec.20-158 A.R.S. establishing a self critical analysis privilege for insurance companieswhen providing documents and information during an investigation by the Department ofInsurance. Arizona also recognizes the peer review privilege for health care providers.Theses statutorily prescribed self-critical analysis privileges are at odds with Arizona'svery liberal compulsory disclosure rule. A.R.C.P. 26.1. Courts still must weigh thepresumptive and compulsory disclosure duties of companies and individuals against thenotion that self-critical analysis is and should be privileged.

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