1E9Ct5D

MONTANAT. Thomas SingerAXILON LAW GROUP, PLLCElectric Bulding, Suite 310115 North BroadwayBillings, Montana 59101Phone (406) 294-9466www.axilonlaw.comtsinger@axilonlaw.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)?Pre-suit investigation materials are discoverable unless made Ain anticipation oflitigation.@ Although exceptions can apply, Aanticipation of litigation@ typically occurs ator near the filing of suit. M.R. Civ. P. 26(b)(3). Cantrell v. Henderson, 718 P.2d 318,322, 221 Mont. 201, 207-208 (1986). If the information is gathered at the request of anattorney, or if it involves communications with in-house counsel, it is generally privilegedunless the usual exceptions apply (information is unavailable to opposing counsel fromother sources, etc.). Draggin' Y Cattle Co. v. Addink, 2013 MT 319, 45, 372 Mont.334, 347, 312 P.3d 451, 460.2. 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 investigation are generally subject todiscovery. Rule 26(b)(6), M.R. Civ. P.; Cantrell v. Henderson, 718 P.2d 318, 322, 221Mont. 201, 207-208 (1986).3. Does your state recognize a self-critical analysis privilege?No.