An emotional support/comfort animal is an animal that is not specially trained to provide a service. Rather, the mere presence of the animal provides comfort or emotional support that may ease the individual’s signs and symptoms.
An emotional support animal may of any species, but is not trained to perform work or tasks related to a person’s disability. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA.
The use of an emotional support animal in a court setting will be entirely dependent upon the nature of the animal’s presence, the potential for the presence of the animal to disturb the proceedings themselves, and the benefit of having the animal present. For instance, if having a small dog sitting in your client’s lap will help ease the client’s anxiety and allow for more coherent and compelling testimony, it may be a good idea to request that the court to permit the small dog into the courtroom. However, if the animal is not well behaved and will cause a disruption, the benefit will not outweigh the harm caused and the court could rightfully request the dog be removed.