Interesting Issue on Tennessee Depositions

Depositions proceeding under the Tennessee Rules of Evidence provide that  no one is excluded from attending them. See Tenn. R. Evid. 615, Advisory Commission Comment, “Under Rule 101, the Evidence Rules apply to rulings in “trial courts.” Strictly speaking, Rule 615 is intended to apply only to sequestration of witnesses at trial. A lawyer who wishes to exclude nonparties from oral deposition must resort to T.R.Civ.P. 26.03(5), allowing on motion a protective order “that discovery be conducted with no one present except persons designated by the court.”