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TENNESSEEJohn R. TarpleyRichard W. KriegLEWIS, KING, KRIEG & WALDROP, P.C.One Centre Square 5 th Floor620 Market StreetKnoxville, TN 37902Phone (865) 546-4646www.lewisking.comdkrieg@lewisking.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)?Yes. Tennessee’s work product doctrine, codified in Tennessee Rule of Civil Procedure26.02, extends to any document prepared in anticipation of litigation by or for theattorney. The “key” to preserving the exemption is that the document be clearly notedas being prepared in anticipation of litigation by the attorney conducting theinvestigation. See State ex rel. Flowers v. Tennessee Trucking Ass’n Self-Ins. GroupTrust, 209 S.W.3d 602, 616 (Tenn. Ct. App. 2006) (perm. app. denied). It should benoted, however, that when this protection is invoked the claim must be made expresslyand describe the nature of the documents in such a manner that, while not revealing theprotected information, will allow the parties to assess the applicability of the protection.2. What is your state’s rule with regard to the discoverability of written orrecorded statements taken during investigation of an incident?So long as such writings or documents were prepared in anticipation of litigation, theyare protected by Tennessee’s work product doctrine, codified in Tennessee Rule of CivilProcedure 26.02. When invoking this protection, however, the rule requires that thisclaim be made expressly and describe the nature of the documents in such a mannerthat, while not revealing the protected information, will allow the parties to assess theapplicability of the protection.3. Does your state recognize a self-critical analysis privilege?No.