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.