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Rule 17A: Order of Deferral (Judicial Diversion)

(1)  The Order of Deferral (Judicial Diversion) appended to this rule is provided for the use of all trial judges of courts of record for cases in which the court defers proceedings against a qualified defendant and places the defendant on probation pursuant to Tenn. Code Ann. § 40-35-313. The district attorney general shall complete and file the order, including the certificate completed by the Tennessee Bureau of Investigation pursuant to Tenn. Code Ann. § 40-35-313, within 30 days of the granting of diversion. If there are multiple charges in the same indictment, a separate order shall be completed for each offense for which the court grants judicial diversion. The date of the order shall be the date upon which the diversion order is entered.

(2)  After the required signatures have been obtained and the order has been entered, the court clerk shall forward a copy of the order to the state agencies and other entities identified by the Administrative Office of the Courts, and shall do so in the manner designated by the Administrative Office of the Courts.

(3)  Pursuant to Tenn. Code Ann. § 40-35-313, the granting of judicial diversion will ultimately result in the dismissal of the charge or the entry of an adjudication of guilt. Pursuant to Tenn. Code Ann. § 40-35-209 and Tenn. Sup. Ct. R. 17, the district attorney general shall complete and file a uniform judgment document for each charge within 30 days of such dismissal or adjudication.

(4)  The form of the order attached hereto is made a part hereof and incorporated herein by reference. The order will be provided to all trial judges of courts of record.

[Adopted by order filed July 17, 2011, effective November 1, 2011. Amended by order filed December 12, 2012, effective April 1, 2013.]

Click here for link to judicial diversion form.

Click here for link to judicial diversion instructions.

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