2A:84A-32. Effect of error in overruling claim of privilege
Rule 40.
(1) A party may predicate error on a ruling disallowing a claim of privilege only if he is the holder of the privilege.
(2) If a witness refuses to answer a question, under color of a privilege claimed pursuant to Rules 23 through 38, after the judge has ordered the witness to answer, and a contempt proceeding is brought against the witness, the court hearing the same shall order it dismissed if it appears that the order directing the witness to answer was erroneous.
L.1960, c. 52, p. 460, s. 32, eff. July 1, 1960.