Legal Question in Civil Litigation in Michigan
My dog bit my neighbor while she was reaching over the fence, animal control was called out now I have to go to court. They are requesting that the dog be placed in a home outside of the city, the problem is that the surrounding cities have bans on this breed. Which leaves me with them wanting to but the dog down, both the neighbor and I want this to happen. So my question is if my neighbor the only witness in this case doesnt show up for court will this mean that the case will be dropped. And if so could they hold her responsible for not showing up.
1 Answer from Attorneys
Your city likely cannot force you to do this - they just tell people that and threaten them that if they don't, their animal will be put down or labeled as a vicious dog, etc. In a case like this, if the complaining witness did not show up, they would likely dismiss the case. The animal control officer who responded to the scene is not an eyewitness, and his or her testimony would only be based upon hearsay, i.e., what other people told him or her, and what he observed, such as bite marks. Unless you or your dog have a history with the city, they will likely drop the charges without requiring the witness to appear. It isn't like a domestic violence case where they can and will go forward regardless of the witness' cooperation. If you need assistance, please contact me, as I work with a group of lawyers that specialize in animal rights.
Good luck.
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