The police seized 2 pit bulls after they responded to a domestic violence call. The dogs were in crates with no food or water. They were severely malnourished. No civil proceedings were ever initiated to formally seize these dogs. I have filed an animal cruelty case against the owners. My first quetion is whether I have to file civil seizure papers even though these dogs were taken into custody as evidence? My second question is whether I can destroy these dogs prior to final disposition in the case? The dogs are aggressive towards humans!

Didn't just have that in my head - had a copy in one of those "may need this again someday" piles in a drawer. This lays out who files the civil seizure: city animal control officer in municipal court if dogs are in city, sheriff or constable in JP court if dogs are in county.

In a dog fighting case, I did have a defendant, who was pleading, agree (in writing - I think I got the form from city animal control) to the destruction of his vicious dog. Actually, the agreement may have just been to give custody of the dog to the city and consent to the city doing as they deem necessary with the dog. That paperwork is not in my pile though.

The dogs in the fight were originally taken by city animal control as evidence, they had to file the civil case on the second dog whose owner, who also pleaded guilty, would not agree with destruction - don't know what came of that.

Hopefully you have good photos of the dogs and their living conditions at the time they were taken.