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KENTUCKYD. Craig YorkJ. Tanner WatkinsDINSMORE & SHOHL, LLP101 S. Fifth St., Ste. 2500Louisville, KY 40202Phone: (502) 581-8000www.dinsmore.comcraig.york@dinsmore.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)?Kentucky has a qualified privilege for pre-suit investigation materials under its workproduct doctrine. See Ky R. Civ. P. 26.02(3); Duffy v. Wilson, 289 S.W.3d 555 (Ky.2009). Such materials are not discoverable absent a showing of: 1) substantial need;and 2) the inability to locate the information from another source. Ky. R. Civ. P.26.03(2). An attorney need not be present for a party’s pre-suit investigation to qualifyas work product. Transit Authority of River City v. Vinson, 703 S.W.2d 482, 486 (Ky. Ct.App. 1985).2. What is your state’s rule with regard to the discoverability of written orrecorded statements taken during investigation of an incident?Written or recorded statements taken during an investigation are entitled to a qualifiedprivilege from production under the work product doctrine. Duffy v. Wilson, 289 S.W.3d555 (Ky. 2009). The party seeking the statement must show substantial need for thestatement and the inability to locate the information contained within the statementelsewhere. Id. at 558-559.3. Does your state recognize a “self critical analysis”?With the exception of the limited “self critical analysis” privilege created for hospitals andhealthcare providers in the Federal Patient Safety and Quality Improvement act of 2005,42. U.S.C.S § 299b-21 et seq., Kentucky Courts have refused to recognize a “selfcritical analysis” privilege. University of Kentucky v. Louisville Courier Journal &Louisville Times Co., 830 S.W.2d 373 (Ky. 1992).LOUISIANA