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NORTH DAKOTAM. Daniel VogelVOGEL LAW FIRM218 NP AvenueFargo, ND 58102Phone: (701) 237-6983www.vogellaw.comdvogel@vogellaw.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)?Documents and tangible things produced by a party or its representative in anticipationof litigation are not discoverable unless the opposing party shows a substantial need forthe information that cannot otherwise be obtained without undue hardship. N.D. R. Civ.P. 26(b)(3)(A); Western Horizons Living Centers v. Feland, 2014 ND 175, 853 N.W.2d36; see also, N.D. R. Civ. P. 26(b)(4)(B) (non-exam materials produced by experts inanticipation of litigation not discoverable unless showing is made of exceptionalcircumstances).2. What is your state’s rule with regard to the discoverability of written orrecorded statements taken during investigation of an incident?The previous statement of a witness is always discoverable by that person without therequirement to show substantial need and undue hardship. N.D. R. Civ. P. 26(b)(3)(C)Otherwise, statements taken in anticipation of litigation are subject to the rulesdiscussed above.3. Does your state recognize a self-critical analysis privilege?No.