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PENNSYLVANIAGary H. HunterGERMAN, GALLAGHER & MURTAGH, P.C.The Bellevue200 S. Broad StreetSuite 500Philadelphia, PA 19102Phone (215) 545-7700www.ggmfirm.comhunterg@ggmfirm.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)?Pennsylvania does not recognize a specific exemption from discovery for pre-suitinvestigation materials. Pa. R.C.P. 4003.1. All facts from any such investigation wouldbe discoverable unless they fall within another privilege or exemption under the rules.Pa. R.C.P. 4003.3. For instance, all attorney client communications are privileged andtherefore non-discoverable. In addition, the mental impressions of a party’s attorney orhis or her conclusions, opinions, memoranda, notes or summaries, legal research orlegal theories are not discoverable. With respect to the representative of a party otherthan an attorney (this primarily applies to a claims representative of an insurancecarrier), discovery shall not include disclosure of his or her mental impressions,conclusions or opinions respecting the value or a merit of a claim or defense or withrespect to strategy or tactic. Further, expert discovery in Pennsylvania is extremelylimited. A party may only receive limited information regarding the opinions of an expertand the basis of his/her opinion so long as that expert is anticipated to be called at timeof trial. Pa. R.C.P 4003.5.2. What is your state’s rule with regard to the discoverability of written orrecorded statements taken during investigation of an incident?Under Pennsylvania Rule of Civil Procedure 4003.4, upon written request, a party isentitled to immediate receipt of a statement concerning the action or its subject matterpreviously made by that party, any other party or a witness. Statements under the ruleinclude a written statement signed or otherwise adopted or approved by the personmaking it or a stenographic, mechanical, electrical or other recording or its transcriptionthereof, which is a substantially verbatim recital of an oral statement by the personmaking it and contemporaneously recorded. Statements taken during an investigationof an incident are discoverable under this rule unless it is a privileged communicationbetween client and attorney or is attorney work product.3. Does your state recognize a self-critical analysis privilege?