Donald Trump speaks with reporters. | AP Photo/Evan Vucci Judge tells Trump lawyers to prepare for discovery in fraud case

At least one of the Trump University cases is now moving toward a trial.

In New York’s Supreme Court, Judge Cynthia Kern asked on Tuesday that the lawyers representing Donald Trump and his real estate school file a motion within 45 days laying out a framework for the discovery process.


Lawyers from the New York State attorney general's office — which has alleged that Trump University cheated students out of some $40 million — had wanted to advance the suit so that it would be ready to proceed to trial in the near future, possibly after the New York Court of Appeals decides on another matter governing the case.

The Trump defense attorneys claimed that they lacked the necessary information to go forward with depositions and asserted that, as it stood, the state would need to call all 5,000 students involved in order to meet the legal burdens of common law fraud.

Kern disagreed with that assessment, and seemed eager to move forward.

In her words, “My rulings now are my rulings now. We are going to trial.”

Although the judge and state intend to move forward with the case, it is unlikely that a trial could be held before Election Day. The 45 days given to file the motion and the subsequent discovery process could provide ample opportunity for the defense to delay the trial.