Impecuniosity of an appellant and the anticipated expense of an appeal do not, without more, constitute 'special circumstances' under r 51.50 UCPR. A notice to produce an arbitral award from parallel proceedings between different parties may serve a legitimate forensic purpose where the award is potentially relevant to accessorial liability, abuse of process, or procedural fairness grounds of appeal. The question whether accessories under Barnes v Addy can remain liable where the principal is found not liable in separate proceedings was left open.
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