KIRSCH, J.
Felicia M. Chacon appeals from the trial court’s entry of judgment on a jury verdict in favor of Sergeant Amy Jones-Schilds, Officer Jodi Shultz, Officer Kevin Dalman, and the Allen County Sheriff (collectively “the Sheriff”) on Chacon’s complaint alleging that she suffered injuries due to excessive force while she was in the custody of the Sheriff. She raises the following restated issue: whether the trial court abused its discretion when it excluded evidence of the lack of a recording of the incident and any negative inference arising from the lack of such recording.
We affirm.
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In preparation for trial, counsel for the parties prepared and signed a Final Pretrial Order. This order contained sections for the contentions of the parties, contested issues of fact, contested issues of law, evidence to be presented by both parties, and the witnesses to be called by each party. Neither party mentioned the issue of the recording of the alleged incident or lack thereof in the Final Pretrial Order. The order explicitly stated that it was to control the course of the trial. It also provided that jury instructions were to be submitted by the parties. Both parties submitted their proposed jury instructions, and neither submitted any instructions relating to negative inferences regarding the lack of a recording.
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Chacon notified the Sheriff the day before the trial was to commence that she intended to present evidence of the lack of a recording as well as a recording from a different case that depicted the same area of the jail where Chacon’s alleged incident occurred to create a negative inference regarding the recording. On the first day of the trial, Chacon informed the trial court of her intentions, and the Sheriff made an oral motion in limine to exclude the evidence, which the trial court granted. The trial court based its grant of the motion on the fact that the lack of a recording was not made an issue in the Final Pretrial Order or any motion in limine and that it had only been brought to the attention of the Sheriff the day before the trial.
We find no abuse of discretion in the trial court’s decision to exclude Chacon’s proposed evidence regarding the lack of a recording and any negative inference flowing therefrom. While Chacon may have been entitled to such evidence and the negative inference that the recording was potentially adverse to the Sheriff, she had the burden to comply with the trial court’s discovery and pretrial orders. We conclude that the exclusion of such evidence was a legitimate exercise of the trial court’s authority to control the proceedings. Affirmed.
BAKER, C.J., and NAJAM, J., concur.