New York, New York - Donald Trump and his legal team have requested a mistrial in the defamation lawsuit from E. Jean Carroll, arguing that the judge is not being fair.

Early Monday morning, Trump's attorney Joe Tacopina filed the motion in an 18-page letter to Judge Lewis Kaplan, arguing that the court has "mischaracterized" the evidence and facts of the case in favor of the plaintiff, made "unfair and prejudicial" rulings, and "openly expresses favoritism" in favor of the plaintiff.

Tacopina called on the court to "correct the record for each and every instance" of mischaracterization, or grant him more leeway in his cross-examination of Carroll.

Judge Kaplan ultimately ruled against the motion for mistrial before testimony resumed on Monday.

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Carroll claims that Trump raped her in the 1990s, and is suing the former president for defamation after he publicly slandered her about the claims.

On day two of the trial, Tacopina was restricted by the judge about asking Carroll why she didn't attempt to obtain security footage at the store of the alleged rape.

According to Reuters, Trump, who has not been to the trial since it began, is currently visiting his golf courses in Scotland.