New York, New York - Donald Trump and his legal team have requested a 90-day delay in his upcoming defamation trial brought by writer E. Jean Carroll, as they decide on whether to appeal the case, possibly with the Supreme Court.

On Thursday, Trump's attorneys submitted a filing with the 2nd Circuit Court of Appeals, arguing they need time to consider their options after a federal appeals court ruled last week that their defense of presidential immunity could not be used in the trial.

"The requested stays are necessary and appropriate to give President Trump an opportunity to fully litigate his entitlement to present an immunity defense in the underlying proceedings, including pursuing the appeal in the Supreme Court if necessary," the filing states.

The case is in regard to comments Trump made in 2019 while he was president, in response to claims by Carroll that he had raped her in the 1990s.

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Trump's team has argued that a former president has "absolute immunity" and cannot be prosecuted for actions he took while in the White House, which was struck down by the appeals court. The court argued he "waived this defense" by making it too late - three years after the suit was originally brought against him.

In a separate defamation suit regarding comments he made in 2022, which was ruled on back in May, a jury found Trump had sexually assaulted and defamed Carroll, and he was ordered to pay $5 million in damages.

Last week, special counsel Jack Smith asked the Supreme Court to give an expedited ruling on whether the former president has immunity from prosecution in his separate federal election interference case in Washington DC.

In Thursday's filing, Trump's team wrote that "the significance of these issues is illustrated by" Smith's filing with the Supreme Court, and argue that the defamation case should be similarly delayed.

"That case is stayed pending resolution of the appeal, as this case should be, and the possibility that the Supreme Court may soon address President Trump’s immunity further supports the requested stays," they added.

The trial is scheduled to begin on January 16, unless the delay is granted.