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MINNESOTABrian N. JohnsonNILAN JOHNSON LEWIS, P.A.120 South Sixth Street, Suite 400Minneapolis, MN 55402-4501Phone (612) 305-7500www.nilanjohnson.combjohnson@nilanjohnson.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)?Not if the investigation was conducted as part of the regular course of business, e.g.,insurance adjusting or its in-house equivalent. In such circumstances, even if theinvestigation was conducted by attorneys, the investigative materials are not privileged.Even where a privilege might attach to a specific document prepared at counsel’srequest, the underlying facts discovered in the investigation are not privileged. SeeMarvin Lumber & Cedar Co. v. PPG Indus., 168 F.R.D. 641 (D. Minn. 1996); MissionNat'l. Ins. Co. v. Lilly, 112 F.R.D. 160 (D. Minn. 1986)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 obtain a statement concerning the action or its subject matter previouslymade by that party without making a showing that the party has substantial need of thestatement in the preparation of the party’s case and that the party is unable withoutundue hardship to obtain the substantial equivalent of the statement by other means.Upon request, a party or other person may obtain (again without the substantialneed/substantial equivalent showing) a statement concerning the action or its subjectmatter previously made by that person who is not a party. If the request is refused, theperson may move for a court order. See Minn. R. Civ. P. 26.02(d). For purposes of thisrule, a “statement” is defined as “(1) a written statement signed or otherwise adopted orapproved by the person making it, or (2) a stenographic, mechanical, electrical, or otherrecording, or a transcription thereof, that is a substantially verbatim recital of an oralstatement by the person making it and contemporaneously recorded.” Id.3. Does your state recognize a self-critical analysis privilege?Only in the medical malpractice context, not in the product liability context.