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UTAHHeidi G. GoebelCHRISTENSEN & JENSEN, P.C.257 East 200 South. St. 1100Salt Lake City, UT 84111Phone (801) 323-5000www.chrisjen.comHeidi.goebel@chrisjen.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)?U.R.C.P. 26(b)(5) (2014) indicates that pre-suit investigation materials are exempt fromdiscovery (with some limited exceptions) where it can be shown that they are preparedin anticipation of litigation. In evaluating whether such materials are prepared inanticipation of litigation, factors to be considered include: whether the investigation wasdone solely at the insistence of management-level employees, Gold Standard v. Am.Barrick Resources Corp., 805 P.2d 164, 168 (Utah 1990); whether an attorneyrequested or was involved in the investigation, id.; and whether the primary motivatingpurpose behind the creation of the document was anticipation of litigation, id. at 170.Documents in an insurer’s claim file may be protected as work product if it can beshown, on a case by case basis, that the documents were prepared in anticipation oflitigation and not in the ordinary course of the insurer’s business. Askew v. Hardman,918 P.2d 469, 474-76 (Utah 1996).2. What is your state’s rule with regard to the discoverability of written orrecorded statements taken during investigation of an incident?U.R.C.P. 26.2(c)(4) (2014) requires that defendants produce “copies of all written orrecorded statements of individuals, in the possession of defendant, defendant’sinsurers, or counsel.” The rule recognizes, however, that such statements do not needto be produced where they are “protected by Rule 26(b)(5)” (the work product doctrine).Id. Written and recorded statements taken by an insurer may be protected as workproduct if it can be shown, on a case by case basis, that the documents were preparedin anticipation of litigation. Askew, 918 P.2d at 474-75.3. Does your state recognize a self-critical analysis privilege?Not in the Product Liability or Transportation context.