Motion for Canine Examination
Once you have filed a court proceeding, you may, under the rules of Civil Procedure, ask for an examination of the dog. Depending on the case, you might ask for an examination of the dog (who usually is being kept incommunicado and in solitary confinement at Animal Control) by a verterinarian, behaviorist or other applicable expert.
Obviously, it is not imperative that an expert examine the dog. I have had experts examine the record (depositions, court transcripts) in order to give an opinion that a dog was not aggressive towards people and that dog on dog aggression is not probative of whether a dog will bite a person in the future.
Sample pleading
Stefaniw v. Marion County - Motion for Behavioral Examination
applicable Case law
Folkers v. City of Waterloo, 582 F. Supp.2d 1141 (USDCND Iowa 2008) - While not the main focus of the case, Folkers does indicate that an examination of the allegedly dangerous dog "Cleo" was agreed to by the City Attorney. The purpose of the exam was so that the veterinarian could appear as a witness and render an opinion as to whether "Cleo" was a dangerous dog.
