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2. What is your state's rule with regard to the discoverability of written orrecorded statements taken during investigation of an incident?The same law as set out above will apply.3. Does Delaware recognize a self-critical analysis privilege?No, but several courts have discussed it.In situations where the self-critical analysis privilege has been asserted, Delawarecourts have thus far refused to recognize the privilege. The first case analyzing theprivilege was Register v. Wilmington Medical Center, Inc., Del. Supr., 377 A.2d 8(1977). In Register, a medical malpractice case, the Delaware Supreme Court held thatthe trial court had committed reversible error by refusing to admit evaluation reportscontaining opinions of hospital physicians concerning the professional competence ofanother physician. The Court rejected arguments that such evaluations wereconfidential and that disclosure would chill the evaluative process because there was noprinciple of Delaware law that would make the report privileged or subject to nondisclosure.The Delaware General Assembly thereafter created a statutory privilege formedical peer review reports, but did not extend that privilege outside that context. See24 Del.C. § 1768. The Delaware General Assembly has also created a statutoryprivilege for depository institutions and affiliates. 5 Del.C. § 940.The second Delaware case to consider a claim of self-critical analysis privilegewas Artesian Water Company v. New Castle County, Del.Ch., C.A. No. 5106, Marvel,C., 1981 WL 15606 (April 9, 1981). In Artesian, the Court of Chancery refused to applythe privilege relying in part upon the Supreme Court's holding in Register that such aprivilege had never been recognized in Delaware.In Grimes v. DSC Communications Corp,724 A.2d 561(Del.Ch.1998), the Courtof Chancery recited the lack of any authority in Delaware that recognized the privilege,and concluded that even if Delaware were to adopt this privilege, it could not properlybe asserted in the context of that case. The Court rejected the defendant's argumentthat rejection of the privilege would have a chilling effect on the special committeeprocess of corporations residing in Delaware, that the integrity of the process itself waslikely to be compromised because corporations would no longer be honest in their selfevaluationsand thus have an adverse impact on shareholders, or that boards andspecial committees would no longer have any incentive to perform an objective andcandid analysis of the issues raised by the demand.In Wealton v. Werner Enterprises, Inc., 2000 WL 33115690 (Del. Super.), theSuperior Court analyzed a defendant’s assertion of the privilege by starting its analysiswith D.R.E., Rule 501: