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SOUTH DAKOTAW. Todd HaggartM. Daniel VogelVOGEL LAW FIRM218 NP AvenueFargo, ND 58102Phone (701) 237-6983thaggart@vogellaw.comwww.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)?Other than a previous statement, documents and tangible things produced by a party orits representative in anticipation of litigation are not discoverable unless the opposingparty shows a substantial need for the information that cannot otherwise be obtainedwithout undue hardship. SDCL 15-6-26(b)(3); but see, SDCL 15-6-26(b)(4) (substanceand subject matter of facts and opinions developed by expert in anticipation of litigationare discoverable through interrogatories and other means ordered by the court).However, if an insurer unequivocally delegates its claims function and relies exclusivelyon outside counsel to conduct an investigation and determination of coverage, theresulting documents and work product are not privileged. Dakota, Minnesota, & EasternR.R. Corp. v. Acuity, 2009 SD 69, 56, 771 N.W.2d 623.2. What is your state’s rule with regard to the discoverability of written orrecorded statements taken during investigation of an incident?Generally the same as above.3. Does your state recognize a self-critical analysis privilege?No.