Former President Trump has asked New York's highest court to rescind the limited gag order that prevents him from commenting publicly about witnesses, jurors and lawyers in his ongoing criminal trial, according to a new court filing.

The filing is sealed, but is the next step after an intermediate appeals court yesterday upheld the order imposed by trial Judge Juan Merchan.

Trump has frequently attacked the judge, which is permitted, and has called the limited gag order unconstitutional.

In its ruling yesterday, the intermediate appellate court said that Merchan had appropriately balanced Trump's free speech rights with the court's need to control the trial.

There was no immediate comment from the Manhattan DA's office.

-ABC News' Katherine Faulders contributed to this report

According to a transcript of the day's court proceedings released this evening, Donald Trump and his attorneys have not yet decided if the former president will testify at his trial.

The transcript included a private sidebar conference held this morning, during which Judge Juan Merchan asked defense lawyers about Trump's possible testimony.

"And do you have any indication whether your client is going to testify?" Merchan asked defense attorney Todd Blanche.

"No," Blanche replied.

"No determination yet?" Merchan asked.

"No," Blanche said.

The conversation happened outside of the earshot of reporters and members of the jury.

Speaking to reporters after exiting the courtroom, former President Trump was asked about today's testimony, as well as if he plans to testify during the trial.

"As you know, I'm under a gag order. So I can't really answer those very simple questions that you're asking," Trump said, referring to the order that prohibits him from making public comments about jurors, witnesses and lawyers in the case, but does not keep him from discussing the case itself.

"We'd love to not be in the gag order. I'm the Republican nominee for president. I'm leading in every poll, and I have a gag order."

Recapping his day in court, Trump said, "We had a very, I think, a very good day and important to see what's happening and you'll have to record it because I can't talk about it too much."

"We had a very good day. I think we're exposing the scam for what it is," he said.

-ABC News' Kelsey Walsh and Mike Pappano

Michael Cohen, his testimony done for the day, left the courtroom without looking at Trump.

During a bench conference, defense attorney Todd Blanche said he wants to explore with the court and the opposing counsel the admissibility of a defense expert witness before deciding whether to call him.

The judge set a conference to take place Thursday at 4 p.m. ET, after the jury is excused slightly early for the day.

Asked about Thursday's timing for the remainder of his cross-examination of Cohen, Blanche told the judge, "If I finish, it's at the end of the day."

The rest of the parties then departed the courtroom.

Defense attorney Todd Blanche accused Michael Cohen of lying about a phone call Cohen testified he had with Donald Trump on Oct. 24, 2016.

Blanche read texts between Cohen and Trump aide Keith Schiller on that date, in which Cohen asked Schiller, "Who can I speak to about harassing calls to my phone and office?"

According to Blanche, Schiller asked Cohen to call him at 8:02 p.m.

"This is the call that you testified about on Tuesday that you had a conversation with President Trump?" Blanche said.

Cohen, who testified on Tuesday that he had called Schiller to speak with Trump, agreed.

Nearly shouting, Blanche alleged that Cohen lied during his testimony on Tuesday.

"That was a lie," said Blanche, adding that Cohen texted Schiller the phone number of the 14-year-old prank caller at 8:04 p.m.

"Part of it was the 14-year-old, but I knew that Keith was with Trump at the time," Cohen responded.

"That was a lie. You did not talk to President Trump that night," Blanche said, raising his voice. "You can admit it."

"No sir, I can't," Cohen said. "Because I'm not sure that's accurate."

"This jury doesn't want to hear what you think happened," Blanche said.

Trump, at the defense table, appeared engaged and furrowed his eyebrows.

The jury was then shown text messages from that evening between Cohen and Schiller, which Blanche suggested prosecutors omitted from their exhibit.

"Mr. Cohen, you just said that you don't recall a phone call ... on Tuesday you testified that you remembered the phone call," Blanche shouted, again growing animated and speaking quickly.

Cohen stood by his testimony, saying he spoke to both Trump and Schiller.

"Based upon what was going on and based upon the other messages regarding the Stormy Daniels matter, yes I believe I was telling the truth," Cohen said.

Judge Merchan subsequently recessed the court for lunch.