[WSBAPT] SDT for autopsy or necropsy

[Doug Schafer]

Daylynne, since you were going to schedule a hearing to require the 
girlfriend to relinquish the dog, I assume that she is a party to the 
probate case. And since the veterinarian won't release the necropsy report 
to your client, I assume that the vet was hired by the girlfriend and that 
she has, or can obtain, the report. I suggest that you modify your drafted 
motion to request the court order her to provide the report. Or else move 
the court to permit you to engage in discovery (RCW 11.96A.115 
<https://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.115>) so that you may 
serve a subpoena duces tecum on the girlfriend or the vet.  I don't believe 
a PR or her lawyer has authority to issue a SDT unless the court permits 
them to engage in discovery.

Doug Schafer, in Tacoma.
>
> *From:* wsbapt-bounces at lists.wsbarppt.com 
> <wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Dalynne Singleton
> *Sent:* Monday, October 10, 2022 1:43 PM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] SDT for autopsy or necropsy
>
> I have an interesting problem.  Every day is a new one.  If anyone on 
> this listserve handles animal or dog cases, you probably have been 
> through this.
>
> I need to get a copy of the autopsy of a deceased dog (necropsy) owned by 
> the decedent prior to his death.  Long story short but the girlfriend 
> would not turn the father’s dog over to the surviving children by right 
> as owners of separate property and I drafted a motion to the court but 
> right before setting for hearing, the girlfriend notified my client/PR of 
> Estate that the dog died.  It was a highly suspicious death of this dog.  
> Girlfriend was not registered domestic partner.  The girlfriend had her 
> own dog and it is still living.
>
> A necropsy was done and now the Vet won’t release the results to my 
> client, PR of estate of her father.  Has anyone prepared a SDT for a 
> necropsy and would be willing to share?
>
> I did not find any statute addressing this other than below on autopsies…
>


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