Evidence Rule 533

Rule 533. Effect of Error in Overruling Claim of Privilege

N.J.S.A. 2A:84A-32provides:

(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 [Rules 501 through 531], 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.
HISTORY:Adopted September 15, 1992 to be effective July 1, 1993.