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NEVADASeetal Tejura,Esq.ALVERSON TAYLOR MORTENSEN & SANDERS7401 West Charleston Blvd.Las Vegas, NV 89117Phone: (702) 384-7000www.AlversonTaylor.comstejura@AlversonTaylor.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)?No. In order for post-incident, pre-litigation investigation materials to be considered nondiscoverable,it must be taken by an attorney or at the express direction of the attorney.Ballard v. District Court, 106 Nev. 83, 85, 787 P.2d 406, 408 (1990). However, if thepost-incident investigation would have been done in the ordinary course of businessregardless of counsel’s presence or involvement, the attorney-client or attorney workproductprivileges may not apply. Columbia/HCA Healthcare Corp. v. Eighth JudicialDist. Court, 113 Nev. 521, 527, 936 P.2d 844, 848 (1997).2. What is your state’s rule with regard to the discoverability of written orrecorded statements taken during investigation of an incident?A party can obtain a copy of his/her own pre-litigation statement, even if it was taken byan attorney. Nev. R. Civ. P. 26(b)(3). With regard to other statements, if it was takenby an attorney or at the direction of counsel, it is generally not discoverable. Ballard v.District Court, 106 Nev. 83, 85, 787 P.2d 406, 408 (1990). However, if the statementwould have been taken as part of the ordinary course of business regardless ofcounsel’s presence or involvement, the attorney-client or attorney work-product privilegemay not apply. Columbia/HCA Healthcare Corp. v. Eighth Judicial Dist. Court, 113 Nev.521, 527, 936 P.2d 844, 848 (1997).3. Does your state recognize a self-critical analysis privilege?Only in medical and dental peer reviews. (NRS 49.117-NRS 49.123).