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NEBRASKARandall GoyetteBAYLOR, EVNEN, CURTISS, GRIMIT & WITT, LLP1248 O Street, Suite 600Lincoln, NE 68508Phone: (402) 475-1075www.baylorevnen.comrgoyette@baylorrevnen.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 is protected when it is done in anticipation of litigation, under theNebraska work product privilege (Nebraska Rules of Discovery 6-326(b)(3). Thus, presuitmaterials are best protected when they are developed at the direction and under thesupervision of counsel. If expert consultants are used, there is also protection againstdisclosing them in discovery if they will not be providing an opinion (Nebraska Rules ofDiscovery 6-326(b)(4).2. What is your state’s rule with regard to the discoverability of written orrecorded statements taken during investigation of an incident?There is a discovery rule that requires disclosure of a party’s own written or recordedstatement if requested (Nebraska Rules of Discovery 6-326(b)(3). However, statementsof other witnesses are protected if they can be shown to have been taken in anticipationof litigation.3. Does your state recognize a self-critical analysis privilege?While the self-critical analysis privilege has not been explicitly adopted or rejected inNebraska, in one Nebraska federal court decision, it has been found to be inapplicableto evidence characterized as routine internal corporate reviews of matters related tobusiness operations, recalls, and safety concerns. While the court referenced potentialapplication where a party was required by the government to create a report, thediscussion did not favor the privilege. Carlson v. Freightliner LLC, 226 F.R.D. 343(D.Neb. 2004).