View source for Social:Suitable age and discretion

'''Suitable age and discretion''' is both a legal definition of maturity (and by contrast immaturity),<ref name=Temple>''Temple v. Norris'', 55 N.W. 133, 133–134 (Minn. 1893), found at [https://books.google.com/books?id=ZyM8AAAAIAAJ&dq=%22suitable+age+and+discretion%22+%2B+14&pg=PA134 Google books].  Accessed March 30, 2010.</ref> and an alternate method of [[Social:Service of process|service of process]] by which a process server can leave a [[Social:Summons|summons]], subpoena, or [[Social:Complaint|complaint]] with a person living at the [[Engineering:House|residence]] of the defendant.<ref name=Temple /><ref name=NY>N.Y. Civil Law Practice and Rules section 308, found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York State Assembly website] (go to CVP) and [http://www.jdbar.com/Statutes/CPLR-308/cplr-308.html JDBar website].  All accessed March 29, 2010.</ref>

==Definitions==
===Minimum age===
The age that adolescents gain legal rights and privileges vary. Generally, those who reach the age of 18 are legally considered to have reached the age of majority, but persons below that age may gain adult rights through [[Social:Emancipation of minors|legal emancipation]].  The [[Social:Legal working age|legal working age]] in Western countries is usually between 14 and 16, depending on the hours and type of employment.  This may be different from the minimum school leaving age (at which a person is legally allowed to leave [[Social:Compulsory education|compulsory education]]) and the age of consent to sexual activity varies widely between jurisdictions, ranging from 13 to 18 years.

The minimum age for "suitable age and discretion" varies by jurisdiction.

Fourteen years old seems to be the absolute minimum.  Under "common law, a female of the age of 14 is at the age of legal discretion, and may choose a guardian."<ref name=Temple />  Thus, Minnesota declared 14 to be old enough to be presumed to be of suitable age and discretion.<ref name=Temple />  Under the laws of some {{wipe|United States}}, including New York, a child of 14 can get married with permission of a court and a guardian, and marriages of those younger than that are void.<ref name=Married>NY D.R.L. §15-A, found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York State Assembly website], go to DOM.  Accessed March 30, 2010.</ref>  A New York official court video transcript states:
{{quote|The words suitable age and discretion usually mean having someone served at one of those locations who is over the age of 14, and is likely to give the papers to the person intended to be served.|New York Unified Court System, ''Personal Service of Court Papers Video Transcript'' <ref name=UCS>New York Unified Court System, ''Personal Service of Court Papers Video Transcript'', found at [http://www.nycourts.gov/courts/7jd/courts/family/Service_Court_Papers_Transcript.shtml New York Unified Court System website]. Accessed March 30, 2010.</ref>}}

In California, "an intelligent and mature 16-year-old" is of "suitable age and discretion".<ref name=Crane>Fred Crane, ''California Real Estate Property Management'', (Zyrus Press, 2007),
{{ISBN|978-1-933990-08-8}}, found at [https://books.google.com/books?id=8HywIJH4Zc8C&dq=%22Suitable+age+and+discretion%22+%2B+california&pg=PA205 Google books], accessed March 30, 2010, p. 205, citing ''Lehr v. Crosby'', 123 CA3d Supp. 1 (1981).</ref>

===Service of process===
{{Main|Social:Service of process}}
Suitable age and discretion is also an alternate method of service of process.  Typically that means a child of the defendant, even if the child is only visiting his or her parents’ house, can accept service of process.<ref name="Temple" /><ref name=NC>''Glover v. Farmer'', 127 N.C. App. 488 (1997), found at [http://www.aoc.state.nc.us/www/public/coa/opinions/1997/961194-1.htm North Carolina Courts website], accessed March 29, 2010.</ref>

However, service on the receptionist at the former dwelling place of the defendant was not sufficient for [[Social:Personal jurisdiction|personal jurisdiction]].<ref name=Connelly>''Connelly v. Rodriquez'', 73 Misc. 2d 745 (N.Y. Sup. Ct., Monroe Co. 1973), found at [https://scholar.google.com/scholar_case?case=998740031221575895 Google scholar], accessed March 30, 2010.</ref>

====Jurisdictions that recognize suitable age and discretion for service of process====
In the {{wipe|United States}}, this form of process is recognized by Arizona,<ref name=AZ>Arizona Rules of Civil Procedure, Rule 4.1(d), found at [http://www.served.com/az.asp Served.com website] and Rule 5(c) (2) (B) (ii), found at [http://www.supreme.state.az.us/rules/ramd_pdf/r-05-0012.pdf Supreme Court of Arizona website] (.pdf).  Both accessed March 30, 2010.</ref> {{wipe|California}},<ref name=Crane /><ref name=CA>California Code of Civil Procedure § 415.46 (c), found at [http://law.onecle.com/california/civil-procedure/415.46.html One CLE website].  Accessed March 30, 2010.</ref>  Louisiana,<ref name=LA>Louisiana law.  Accessed March 29, 2010.</ref> and Michigan.<ref name=MI>''Knopf v. Herta'', 180 N.W. 629 (Mich. 1920), found at [https://books.google.com/books?id=Hy48AAAAIAAJ&dq=%22suitable+age+and+discretion%22&pg=PA629 Google books], accessed March 29, 2010.</ref> It is also recognized in Minnesota,<ref name=Temple /> New York,<ref name=NY /><ref name=Married /> and North Carolina.<ref name=NC />  The Federal Rules of Civil Procedure, Rule 4(e)(2)(B), allows "delivering a copy of the summons and of the complaint to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein ...."<ref name=FRCP>Fed.R.Civ.P. 4(d)(1).  Cited by ''National Development Co. v. Triad Holding Corp.'', 930 F.2d 253 (2d Cir. 1991), para. 18, found at [http://cases.justia.com/us-court-of-appeals/F2/930/253/152610/ Justia.com website].  Accessed March 29, 2010.</ref>

Suitable age and discretion service of process is recognized by Philippine law.<ref name=Phil>Rules of Court Rule 14 § 7, cited by ''Palma v. Galvez'', G.R. No. 165273 (Republic of the Philippines Sup. Ct., 3d Div. 2010), found at [http://www.lawphil.net/judjuris/juri2010/mar2010/gr_165273_2010.html LawPhil Project website], and ''Madrigal v. Court of Appeals'', G.R. No.  129955 (Republic of the Philippines Sup. Ct., 3d Div. 1999), found at [http://sc.judiciary.gov.ph/jurisprudence/1999/nov99/129955.htm Judiciary of the Philippines government website].  Both accessed March 29, 2010.</ref><ref>Philippine National Internal Revenue Code § 208. Procedure for Distraint and Garnishment.  Found at [http://www.bir.gov.ph/taxcode/1183.htm Philippine Bureau of Internal Revenue government website], accessed March 30, 2010.</ref><ref>Department of Agrarian Reform Rule VII, § 1 (a).  Found at [http://www.dar.gov.ph/pdf_files/2009_darab%20rules_procedure/2009drp_rule7.pdf Philippine Department of Agrarian Reform government website], accessed March 29, 2010.</ref>

==References==
{{Reflist}}

==See also==
* [[Social:Competence (law)|Competence (law)]]

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[[Category:Dispute resolution]]
[[Category:Lawsuits]]
[[Category:Civil procedure]]

{{Sourceattribution|Suitable age and discretion}}