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HAWAIIPeter A. DubrawskiCristina GuidoHAIGHT BROWN & BONESTEEL, LLP555 South Flower Street, Forty-Fifth FloorLos Angeles, CA 90071Phone (213) 542-8000www.hbblaw.compdubrawski@hbblaw.com1. Does your state recognize an exemption from discovery (or a privilege) forpre-suit investigation materials? Is there a key to preserving thisexemption/privilege (i.e. involvement of counsel)?Yes, Hawaii generally recognizes an exemption from discovery for pre-suit investigationmaterials. Generally, a party may obtain discovery regarding any matter relevant to thesubject matter involved in the action that is not otherwise privileged pursuant to 26(b)(1)of Hawai’i Rules of Civil Procedure. However, a party may discover documents andtangible things prepared in anticipation of litigation or for trial by or for another party orby or for that other party’s representative (including the other party’s attorney,consultant, surety, indemnitor, insurer, or agent) where the party seeking discovery canshow: (1) there is a substantial need of the materials in the preparation of the party’scase and (2) the party is unable without undue hardship to obtain the substantialequivalent of the materials by other means. Even where this showing is made, Rule26(b)(4) forbids the disclosure of the mental impressions, conclusions, opinions, or legaltheories of an attorney or other representative of a party concerning the litigation. Inorder to preserve this exemption, the party must expressly assert the claim or privilegeor protected trial materials. Additionally, the party must describe the nature of thedocuments, communications, or things not produced or disclosed in a manner that willenable the other party to assess the applicability of the privilege or protection.2. What is your state’s rule with regard to the discoverability of written orrecorded statements taken during investigation of an incident?Pursuant to Rule 26(b)(4) of Hawai’i Rules of Civil Procedure, “[a] party may obtainwithout the required showing [as discussed above] a statement concerning the action orits subject matter previously made by that party. Furthermore, following a request, aperson who is not a party to the action may obtain without the required showing astatement concerning the action or its subject matter previously made by that person.For purposes of this provision, a statement previously made includes a writtenstatement (signed or otherwise adopted by the person making it), as well ascontemporaneously recorded statement that is substantially verbatim of the oralstatement that was made.3. Does your state recognize a self-critical analysis privilege?