Suitable age and discretion is both a

legal Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

definition of maturity (and by contrast immaturity),''Temple v. Norris'', 55 N.W. 133, 133–134 (Minn. 1893), found a
Google books
Accessed March 30, 2010. and an alternate method of service of process by which a

process server Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person ...

can leave a summons,

subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...

, or

complaint In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party ...

with a person living at the

residence A residence is a place (normally a building) used as a home or dwelling, where people reside. Residence may more specifically refer to: * Domicile (law), a legal term for residence * Habitual residence, a civil law term dealing with the status ...

of the

defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...

.N.Y. Civil Law Practice and Rules section 308, found a
New York State Assembly website
(go to CVP) an

All accessed March 29, 2010.

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 The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the contr ...

, but persons below that age may gain adult rights through legal emancipation. The

legal working age The legal working age is the minimum age required by law for a person to work, in each country or jurisdiction, if they have not reached the age of majority. Activities that are dangerous, harmful to the health or that may affect the morals of ...

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 The school leaving age is the minimum age a person is legally allowed to cease attendance at an institute of compulsory secondary education. Most countries have their school leaving age set the same as their minimum full-time employment age, thu ...

(at which a person is legally allowed to leave

compulsory education Compulsory education refers to a period of education that is required of all people and is imposed by the government. This education may take place at a registered school or at other places. Compulsory school attendance or compulsory schooling ...

) and the

age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...

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 In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

, 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 New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

, 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 a
New York State Assembly website
go to DOM. Accessed March 30, 2010. A New York official court video transcript states: 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), , found a
Google books
accessed March 30, 2010, p. 205, citing ''Lehr v. Crosby'', 123 CA3d Supp. 1 (1981).

Service of process

Suitable age and discretion is also an alternate method of service of process. Typically that means a

child A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger ...

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 a
North Carolina Courts website
accessed March 29, 2010. However, service on the

receptionist A receptionist is an employee taking an office or administrative support position. The work is usually performed in a waiting area such as a lobby or front office desk of an organization or business. The title ''receptionist'' is attributed to ...

at the former dwelling place of the defendant was not sufficient for

personal jurisdiction Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the ...

.''Connelly v. Rodriquez'', 73 Misc. 2d 745 (N.Y. Sup. Ct., Monroe Co. 1973), found a
Google scholar
accessed March 30, 2010.

Jurisdictions that recognize suitable age and discretion for service of process

In the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

, this form of process is recognized by

Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...

,Arizona Rules of Civil Procedure, Rule 4.1(d), found a
Served.com website
and Rule 5(c) (2) (B) (ii), found a
Supreme Court of Arizona website
(.pdf). Both accessed March 30, 2010.

California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

,California Code of Civil Procedure § 415.46 (c), found a
One CLE website
Accessed March 30, 2010.

Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...

,Louisiana law. Accessed March 29, 2010. and

Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...

.''Knopf v. Herta'', 180 N.W. 629 (Mich. 1920), found a
Google books
accessed March 29, 2010. It is also recognized in

Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...

, and

North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...

. The

Federal Rules of Civil Procedure The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling ...

, 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 a
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 a
LawPhil Project website
and ''Madrigal v. Court of Appeals'', G.R. No. 129955 (Republic of the Philippines Sup. Ct., 3d Div. 1999), found a

Both accessed March 29, 2010.Department of Agrarian Reform Rule VII, § 1 (a). Found a
Philippine Department of Agrarian Reform government website
accessed March 29, 2010.

Definitions

Minimum age

Service of process

Jurisdictions that recognize suitable age and discretion for service of process

References

See also