(cf SCR Part 23, rule 5, Part 24, rule 1(3); DCR
Part 22, rule 5)
In any proceedings on a common law claim--
(a) for damages arising out of the death of, or bodily injury to, any person, or
(b) for contribution in respect of damages so arising,a party is not required to comply with a notice to produce in relation to a document or thing that has not been referred to in any originating process, pleading, affidavit or witness statement filed or served by that party unless the court, for special reasons, orders otherwise.