Suitable age and discretion
Encyclopedia
Suitable age and discretion is both a legal
definition of maturity
, and an alternate method of service of process
by which a process server can leave a summons
, subpoena
, or complaint
with a person living at the residence
of the defendant
.
, 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, but generally ranges from 14 to 18 years of age
.
14 years old seems to be the absolute minimum. Under "common law
, a female of the age of 14 is at years of legal discretion, and may choose a guardian." Thus, Minnesota declared 14 to be old enough to be presumed to be of suitable 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. A New York official court video transcript states:
In California, "an intelligent and mature 16-year-old" is of "suitable age and discretion".
of the defendant, even if the child is only visiting his or her parent's house, can accept service of process.
However, service on the receptionist
at the former dwelling place of the defendant was not sufficient for personal jurisdiction.
, this form of process is recognized by Arizona
, California
, Louisiana
, and Michigan
. It is also recognized in Minnesota
, New York
, and North Carolina
. The Federal Rules of Civil Procedure
, Rule 4(d)(1), 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 ...."
Suitable age and discretion service of process is recognized by Philippine law.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
definition of maturity
Maturity (psychological)
Maturity is a psychological term used to indicate how a person responds to the circumstances or environment in an appropriate manner. This response is generally learned rather than instinctive, and is not determined by one's age...
, and an alternate method of service of process
Service of process
Service of process is the procedure employed to give legal notice to a person of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal...
by which a process server can leave a summons
Summons
Legally, a summons is a legal document issued by a court or by an administrative agency of government for various purposes.-Judicial summons:...
, subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
, or complaint
Complaint
In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...
with a person living at the residence
House
A house is a building or structure that has the ability to be occupied for dwelling by human beings or other creatures. The term house includes many kinds of different dwellings ranging from rudimentary huts of nomadic tribes to free standing individual structures...
of the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
.
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 majorityAge of majority
The age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of...
, but persons below that age may gain adult rights through legal emancipation
Emancipation of minors
An emancipated minor is a minor who is allowed to conduct a business or any other occupation on their own behalf or for their own account outside the influence of a parent or guardian. The minor will then have full contractual capacity to conclude contract with regard to the business. Whether...
. The legal working age
Legal working age
The legal working age is the minimum age required by law for a person to work, in each country or jurisdiction.Some types of labor are commonly prohibited even for those above the working age, if they have not reached yet the age of majority. Activities that are dangerous, harmful to the health or...
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
School leaving age
The school leaving age states the minimum age person is legally allowed to leave compulsory education...
(at which a person is legally allowed to leave compulsory education
Compulsory education
Compulsory education refers to a period of education that is required of all persons.-Antiquity to Medieval Era:Although Plato's The Republic is credited with having popularized the concept of compulsory education in Western intellectual thought, every parent in Judea since Moses's Covenant with...
) and the age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
to sexual activity varies widely between jurisdictions, ranging from 13 to 18 years.
The minimum age for "suitable age and discretion" varies by jurisdiction, but generally ranges from 14 to 18 years of age
Adolescence
Adolescence is a transitional stage of physical and mental human development generally occurring between puberty and legal adulthood , but largely characterized as beginning and ending with the teenage stage...
.
14 years old seems to be the absolute minimum. Under "common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, a female of the age of 14 is at years of legal discretion, and may choose a guardian." Thus, Minnesota declared 14 to be old enough to be presumed to be of suitable and discretion. Under the laws of some states
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, including New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, a child of 14 can get married with permission of a court and a guardian, and marriages of those younger than that are void. A New York official court video transcript states:
In California, "an intelligent and mature 16-year-old" is of "suitable age and discretion".
Service of process
Suitable age and discretion is also an alternate method of service of process. Typically that means a childChild
Biologically, a child is generally a human between the stages of birth and puberty. Some vernacular definitions of a child include the fetus, as being an unborn child. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority...
of the defendant, even if the child is only visiting his or her parent's house, can accept service of process.
However, service on the receptionist
Receptionist
A receptionist is an employee taking an office/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...
at the former dwelling place of the defendant was not sufficient for personal jurisdiction.
Jurisdictions that recognize suitable age and discretion for service of process
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, this form of process is recognized by Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
, and Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
. It is also recognized in Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, and North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
. The Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
, Rule 4(d)(1), 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 ...."
Suitable age and discretion service of process is recognized by Philippine law.