After a New York state judge decided earlier this month that former President Donald Trump, Ivanka Trump, and Donald Trump Jr. would need to sit for depositions for an investigation into the Trump Organization, the family's lawyers have filed an appeal.
The notice of appeal was filed on Monday and is the first step to reverse the judge's decision. The next step includes filing a request seeking a stay or a delay of the deadline to comply with the depositions for the New York attorney general's investigation.
The Trumps are expected to do this in the coming days, allowing them time to argue the case's merits, CNN reported.
The decision to have the Trumps appear for deposition came from Judge Arthur Engoron, and now the former president and his children, should the ruling stand, will be deposed by March 10.
Trump's legal team is not dealing with this appeal alone as it is also fighting a separate investigation by Manhattan's district attorney. The strength of that criminal case has been questioned, however, with two top prosecutors resigning last week.
Letitia James is conducting the case against the Trumps, and they argue that if she wants their testimony, she needs to bring them before a state grand jury. Lawyers for the Trumps have argued that she is attempting to end-run the grand jury process, as witnesses receive transactional immunity for their testimony in New York.
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Should the Trumps not go before a grand jury, they can invoke the Fifth Amendment, protecting themselves from self-incrimination during their depositions by refusing to answer questions.
However, juries in civil cases are allowed to draw an "adverse inference" if they plead the fifth, meaning anything they don't answer could be held against them.
CNN reported that attorneys for the Trumps have declined to comment on whether or not they would answer questions asked of them.
The investigations by both the New York district attorney and attorney general are looking at the accuracy of Trump's financial statements to lenders, insurers, and others.
James had shared in January that her office had "significant" evidence "indicating that the Trump Organization used fraudulent or misleading asset valuations to obtain a host of economic benefits, including loans, insurance coverage, and tax deductions."
She claimed that the financial statements had numerous "misleading statements and omissions."
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