suitable age and discretion

{{Main|Adolescence#Legal issues, rights and privileges}}

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 legal emancipation. The 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 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." Thus, Minnesota declared 14 to be old enough to be presumed to be of suitable age and discretion. Under the laws of some 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.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. 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 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.}}

In California, "an intelligent and mature 16-year-old" is of "suitable age and discretion".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).

{{Main|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.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.

However, service on the receptionist at the former dwelling place of the defendant was not sufficient for personal jurisdiction.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.

In the United States, this form of process is recognized by Arizona,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. California,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. Louisiana,Louisiana law. Accessed March 29, 2010. and Michigan.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. It is also recognized in Minnesota, New York, and North Carolina. 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 ...."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.

Suitable age and discretion service of process is recognized by Philippine law.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.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.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.

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Category:Dispute resolution

Category:Lawsuits

Category:Civil procedure