Note On Use – This homepage discusses five different types of animal civil lawsuits which may be filed in Kitsap County District Court based upon an action taken against your animal or animal license by a Kitsap County "animal control authority". These five animal civil lawsuits are – 1. Dangerous Dog Appeal. Appeal of a final determination that a dog is dangerous, Revised Code of Washington (RCW) 16.08.080(4). 2. Potentially Dangerous Animal Appeal. Appeal of a decision regarding whether an animal is potentially dangerous, Kitsap County Code (KCC) 7.12.010(i). 3. Return of Seized Animal(s). Petition for return of seized animal(s), RCW 16.52.085(4)(e). 4. Return of Impounded Animal(s). Petition for return of impounded dangerous or potentially dangerous animal(s), KCC 7.12.020(c). 5. Animal License Revocation Review. Petition for review of revocation of a commercial pet facility, hobbyist, and/or enthusiast animal license, KCC 7.08.070(b).
Does This Homepage Apply In My Case? – If your matter is not one of the five animal civil lawsuits listed above, this homepage does not apply in your case.
If your matter involves an infraction or criminal charges arising out of an animal-related incident, please see the "Infractions Or Tickets" homepage or the "Criminal" homepage elsewhere on this website. Important Notice – District Court personnel are not permitted to fill out any forms. District Court personnel are also not authorized to give legal advice. District Court strongly encourages an unrepresented party to seek legal advice from an attorney. If you need help, please review the "Guide To Website Forms" on the District Court website.
The information contained here is intended to address the most frequently asked questions. It is not comprehensive and should not be construed as legal advice.
Important Notice Regarding Litigant Confidential Information – District Court needs information about every party involved in a case so the court can accurately identify the parties and be able to contact them.
If you have not already done so, please complete a
Litigant Confidential Information Form and provide it to the court. You should also use the form to update information previously provided to the court.
First, Start With the Animal Civil Lawsuits Checklist to become familiar with civil lawsuits concerning animals.
Next Review "Guide To Representing Yourself" – Click on the link "Guide To Representing Yourself" so that you confidently represent yourself in a civil case.
Then Review "Guide To Website Forms" – The District Court website contains many forms. Before using these forms, please click on the link "Guide To Website Forms" to assist you with the proper use of these forms.
Do I Have A Right To Challenge An Animal Or Animal License Decision? Yes. You have the right to ask District Court to review any of the actions listed above taken by a Kitsap County "animal control authority".
But you must be the owner of the animal or the commercial pet facility, hobbyist, and/or enthusiast animal license to file the animal civil lawsuit. A non-owner of the animal or animal license is not authorized to file an animal civil lawsuit. What Is An "Animal Control Authority"? In Kitsap County, "animal control authority" means the Animal Control Kitsap Humane Society, the Kitsap County Sheriff's Office, or other organization contracted by the Board of County Commissioners to enforce the county's animal control provisions. KCC 7.04.020(5); RCW 16.08.070(5); RCW 16.52.011(2)(c). Definition Of "Owner" – The definition of "owner" depends on the type of animal civil lawsuit filed. - Kitsap County Code. "Owner" under the Kitsap County Code means any person or entity which controls, maintains, possesses, has custody of, or otherwise provides care, shelter, protection, restraint, refuge, food, or nourishment in such a manner as to control an animal's activities. KCC 7.04.020(23).
- Revised Code Of Washington. "Owner" under the Revised Code of Washington means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal. RCW 16.08.070(7).
"Owner" under the Revised Code of Washington also means a person who has a right, claim, title, legal share, or right of possession to an animal or a person having lawful control, custody, or possession of an animal. RCW 16.52.011(2)(o).
Which Court Can Hear My Animal Civil Lawsuit? If the action taken against your animal or your animal license was by the Animal Control Kitsap Humane Society (acting on behalf of Kitsap County and not a city) or the Kitsap County Sheriff's Office, you may file any of the five civil lawsuits listed above in Kitsap County District Court.
If a city (Bainbridge Island, Bremerton, Port Orchard, Poulsbo) animal control authority took action against your animal, District Court does not have the authority to hear your animal civil lawsuit. You may want to look at the city's code for information about how you can proceed. If you have questions, you should seek legal advice from an attorney.
Caution: A Very Short Deadline Exists To File Your Animal Civil Lawsuit – You must act promptly to file any of the animal civil lawsuits because the law imposes short deadlines on your ability to do so. If you do not file your animal civil lawsuit within the deadline, a judge may dismiss your lawsuit.
Click on the link "Animal Civil Lawsuits Checklist" for more information about these filing deadlines.
What Type Of Animal Civil Lawsuits Can I File In District Court?
Your Animal(s). You may file an animal civil lawsuit in Kitsap County District Court concerning an action taken against your animal(s) so long as – 1. Within Kitsap County. The action taken against the animal(s) you own occurred in Kitsap County; and 2. Kitsap County Animal Control Authority. The action against your animal(s) was taken by a Kitsap County animal control authority and not taken by a city animal control authority.
The following four animal civil lawsuits you may file in District Court for an action taken against your animal(s) are – - Appeal of Dangerous Dog Determination (Form 421110). The owner must file an appeal of the final determination that the owner's dog is dangerous. RCW 16.08.080(4).
- Appeal of Potentially Dangerous Animal Decision (Owner Appeal) (Form 421112). The owner (or the Kitsap County animal control authority) must file an appeal of the decision regarding whether an animal is potentially dangerous. KCC 7.12.010(i).
- Petition for Return of Seized Animal(s) (Form 421114). The owner must file a petition for the return of the seized animal(s). RCW 16.52.085(4)(e).
- Petition for Return of Impounded Dangerous or Potentially Dangerous Animal(s) (Form 421116). The owner must file a petition for the return of the impounded dangerous or potentially dangerous animal(s). KCC 7.12.020(c).
Your Animal License. To file an animal civil lawsuit concerning an action taken against your commercial pet facility, hobbyist, and/or enthusiast animal license, you may file the following lawsuit in Kitsap County District Court so long as your animal license was issued under the Kitsap County Code and not a city code.
- Petition for Review of Animal License Revocation (Form 421118). The owner of the license must file a petition for review of the decision to revoke the commercial pet facility, hobbyist, and/or enthusiast animal license. KCC 7.08.070(b).
If your animal license was issued under a city code (Bainbridge Island, Bremerton, Port Orchard, Poulsbo), District Court does not have the authority to hear your animal civil lawsuit. You may want to look at the city's code for information about how you can proceed. If you have questions, you should seek legal advice from an attorney.
Do I Have To Pay Any Money To File An Animal Civil Lawsuit? Yes, $83.00. Washington law requires a party to pay an $83.00 filing fee when a civil case (including an animal civil lawsuit) is filed. RCW 3.62.060.
How Do I Pay The Filing Fee? District Court offers several methods of payment. See "Payment Of Tickets, Fines, And Court Fees" on this website for payment options.
What If I Cannot Afford To Pay The $83.00 Filing Fee? The First Amendment guarantees everyone the right to "petition the government for a redress of grievances." Access to the judicial branch of government is included within this First Amendment right. Kitsap County District Court is committed to the principle that everyone must have access to courts regardless of a person's financial situation.
If you want to file a case in a Washington court but cannot afford to pay the fees, you may ask the court to waive the fees. The judge shall waive all fees and surcharges if the judge finds you are indigent and payment of a fee or surcharge "is a condition precedent to a litigant's ability to secure access to judicial relief from a judicial officer in the applicable trial court." General Rule 34(a).
Filing Fees Will Be Waived If (1) You Ask And (2) You Qualify – There is no cost for you to ask the judge to waive filing fees and surcharges. If you are not sure whether you qualify, please ask as soon as possible by filing a Motion For Waiver Of Fees. District Court grants hundreds of fee waiver requests every year so that everyone can have access to justice.
If any one of the following four categories applies to you, you are indigent and qualify to have all the filing fees and surcharges waived so you can file your case with District Court –
• Government Assistance – An individual is currently receiving assistance under any needs-based, means-tested assistance program such as – (1) Federal Temporary Assistance for Needy Families (TANF); or
(2) State-provided general assistance for unemployable individuals (GA-U or GA-X); or
(3) Federal Supplemental Security Income (SSI); or
(4) Federal poverty-related veteran's benefits; or
(5) Food Stamp Program (FSP); or
(6) Welfare; or
(7) Medicaid; or
(8) Pregnant Women Assistance Benefits; or
(9) Refugee Settlement Benefits; or
(10) Aged, Blind or Disabled Assistance Program; or
• Below Poverty Guideline – An individual's household income is at or below 125% of the
federal poverty guideline; or • Without Financial Ability – An individual's household income is above 125% of the federal poverty guideline and recurring basic living expenses (as defined in RCW 10.101.010(4)(d)) render the individual without the financial ability to pay the fees or surcharges; or • Other – Other compelling circumstances exist that demonstrate an individual's inability to pay fees and/or surcharges.
An Animal Civil Lawsuit Motion for Waiver of Fees
(Form 460784) is available on the District Court website. The federal poverty guideline is also available on the website for you to review.
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