The Law Office of Charles Michael Fulton: Animal Law in the District of Columbia

Generally, animal law refers to the law affecting companion animals. Most of the law developed around dogs, but detinue is still the procedure to recover possession of dogs, cats, and any other companion animals.  

Replevin for the Recovery of Companion Animals
  • Replevin is a legal procedure to seek the return of your property when it is in the possession of another. See D.C. Code §§ 16-3701 to 16-3740.
    • To prevail, the plaintiff needs to prove that he or she has a greater interest in exclusive possession of the animal than the defendant.
    • Replevin entitles the plaintiff to possession of the animal before the court conducts the full trial, but the procedure has some specific filing requirements for this reason. Specifically:
      • Specific language in the complaint; D.C. Code § 16-3702;
      •  A sworn affidavit with specific language; D.C. Code §  16-3703;
      • A bond sufficient to protect the defendant if the plaintiff damages the property which must be approved by the clerk of court; D.C. Code § 16-3704; and
      • A complaint that is verified, or sworn as to the truth of the claims in the complaint; D.C. SCR-Civil Rule 64-II(b)(2)(B).
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The information on this page was last updated on April 21, 2024 at 8:36 PM

Charles Michael Fulton, Attorney at Law

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