Rule 38.2 - Resuming Prosecution(a)Notice of Failure to Fulfill Deferred Prosecution Conditions. If the State is not satisfied that the defendant has fulfilled the conditions of the deferred prosecution program, it may file a written notice to that effect and request that the court vacate its order suspending prosecution. The State must serve a copy of the notice on the defendant.(b)Order to Resume Prosecution. After receiving a notice of the defendant's failure to fulfill the deferred prosecution conditions, the court must vacate the suspension order and order that the prosecution resume. The court must mail a copy of the order to the defendant and defense counsel, if any. After the court orders that the prosecution resume, the State may allow a defendant additional opportunities to participate in a deferred prosecution program as provided by Rule 38.1(a). (c)Time for Trial. Subject to Rule 8.4 and irrespective of the phase of the case when the prosecution was suspended, the defendant must be tried no later than 90 days after the filing of the order to resume prosecution.Added by Aug. 31, 2017, effective 1/1/2018; amended Aug. 24, 2023, effective 1/1/2024.