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.

Michael Cohen testified that he made a recording to prove to National Enquirer publisher David Pecker that Trump would repay him the $150,000 for Karen McDougal's catch-and-kill arrangement.

"I also wanted him to remain loyal to Mr. Trump," Cohen added.

Cohen said he walked into Trump's office with his phone in his hand, making the recording.

Cohen told the jury that you can hear Trump, himself, and Trump assistant Rhona Graff on the recording.

Asked whether he thought Trump knew he was recording the conversation, Cohen said: "No, ma'am."

Jurors then heard the recording.

Cohen: Told you about Charleston. I need to open up a company for the transfer of all of that info regarding our friend, David, you know, so that -- I'm going to do that right away. I've actually come up and I've spoken --

Trump: Give it to me and get me a --

Cohen: And, I've spoken to Allen Weisselberg about how to set the whole thing up with --

Trump: So, what do we got to pay for this? One-fifty?

Cohen: -- funding. Yes. And it's all the stuff.

Trump: Yes, I was thinking about that.

Cohen: All the stuff. Because -- here, you never know where that company, you never know what he's --

Trump: Maybe he gets hit by a truck

Cohen: Correct. So, I'm all over that. And, I spoke to Allen about it, when it comes time for the financing, which will be --

Trump: Listen, what financing?

Cohen: We'll have to pay him something.

Trump: (INAUDIBLE) pay with cash.

Cohen: No, no, no, no, no, I got it.

Trump: Check.

Every member of the jury appeared to look down at their monitor to read along with the transcript of the call as it was played. Cohen, as the call played, shook his head "no" over and over again on the witness stand, apparently in disbelief at rehearing it.

At one point he looked over in Trump's direction and sighed as the recording continued, then looked over to the jury to watch them take it in.

DA Alvin Bragg appeared to close his eyes and dropped his head as the call played.