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MAINEStephen HessertNORMAN, HANSON & DeTROY, LLC415 Congress StreetPortland, ME 04112Phone (207) 774-7000www.nhdlaw.comshessert@nhdlaw.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)?In general, accident reports and other routine reports prepared by the alleged tortfeasorare discoverable. Documents prepared by an insurer in investigating a claim is typicallymaterial prepared in anticipation of litigation and is protected by M.R. Civ. P 26(b)(3).See Harriman v. Maddocks, 518 A.2d 1027, 1033-34 (Me. 1986). Involvement of anattorney is not a prerequisite to the application of Rule 26(b)(3). Id. However, a partymay obtain documents and tangible things protected under the rule above, “upon ashowing that the party . . . has substantial need of the materials in the preparation of theparty's case and that the party is unable without undue hardship to obtain thesubstantial equivalent of the materials by other means. See M.R. Civ. P. 26(b)(3); seealso Springfield Terminal Ry. Co. v. Dept. of Transp,, 2000 ME 126, 754 A.2d 353, 357(Me. 2000).2. What is your state’s rule with regard to the discoverability of written orrecorded statements taken during investigation of an incident?A party may always obtain a copy of his or her own prior statement without the requiredshowing by requesting it or in routine discovery. M.R. Civ. P. 26(b)(3). Further, anonparty may request their own prior statement without the required showing. Id.3. Does your state recognize a self-critical analysis privilege?This has not been addressed by the Courts in Maine.