The Court first considers whether Michael Chagnon received adequate notice of the
May 22, 2014 hearing. A Court may vacate its decision if a party fails to answer due to
excusable neglect. See V.R.C.P. 60(b)(1). Out-of-state defendants pose a particular problem for
ensuring proper notice. See Brady v. Brauer. See 148 Vt. 40, 44 (1987). Moreover, inadequate
notice of a hearing can deprive a party of the party’s right to due process. See Pizzano Constr.
Co., Inv. Hadwen, 133 Vt. 495, 498–99 (1975). The law prefers the resolution of cases on the
merits, after a hearing at which each party has adequate notice and an opportunity to appear.
Courtyard Partners v. Tanner, 157 Vt. 638 (1991).