Suitable age and discretion is both a

legal Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a Socia ...

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 Each legal jurisdiction has rules and discrete terminology regarding the appropriate procedures for serving legal documents on a person being sued or subject to legal proceedings. In the U.S. legal system, service of process is the procedure ...

by which a process server can leave a

summons A summons (also known in England and Wales as a claim form or plaint note, and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative ag ...

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 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 juris ...

.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 a person ceases to be considered a minor (law), minor, and assumes legal control over their person, actions, and decisions, thus te ...

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

(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 home or other places. Compulsory school attendance or compulsory sc ...

) 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 Human sexual activity, sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is un ...

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 Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

, 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 State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...

, 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 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 () is a human being between the stages of childbirth, birth and puberty, or between the Development of the human body, developmental period of infancy and puberty. The term may also refer to an unborn human being. In English-speaking ...

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 Employment, employee taking an office or Business administration, administrative support position. The work is usually performed in a waiting room, waiting area such as a Lobby (room), lobby or front office desk of an organ ...

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 (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

, this form of process is recognized by

Arizona Arizona is a U.S. state, state in the Southwestern United States, Southwestern region of the United States, sharing the Four Corners region of the western United States with Colorado, New Mexico, and Utah. It also borders Nevada to the nort ...

,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 that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...

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

Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...

,Louisiana law. Accessed March 29, 2010. and

Michigan Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...

.''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 U.S. state, state in the Upper Midwestern region of the United States. It is bordered by the Canadian provinces of Manitoba and Ontario to the north and east and by the U.S. states of Wisconsin to the east, Iowa to the so ...

, New York, and

North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...

. 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. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the ...

, 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