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, who for nearly a decade was Donald Trump's trusted adviser, personal attorney, and self-described "attack dog with a law license," is scheduled to take the stand this morning as the prosecution's star witness in Trump's criminal hush money trial.

According to prosecutors, Cohen was in the room in when Trump and former National Enquirer publisher David Pecker agreed to a catch-and-kill scheme to hide negative information about Trump from 2016 voters, and Cohen himself made a $130,000 payment to Stormy Daniels to buy her silence about an alleged 2006 sexual encounter with Trump. The former president, who has denied the encounter took place, is on trial for allegedly falsifying business records related to his company's reimbursement to Cohen in 2017.

But Cohen's value to the prosecution's case could be endangered by the disbarred lawyer's credibility issues. Cohen pleaded guilty in 2018 to tax evasion, campaign finance allegations, and lying to Congress in what Cohen says was an effort to protect Trump. The former president's lawyers have also argued that Cohen perjured himself again when he testified at Trump's civil fraud trial last year, and accuse Cohen of making his livelihood off books and podcasts that antagonize Trump.

Cohen is the final key witness in the prosecution's case, after which the defense will present its case.