It is “unconscionable and indefensible” for former president Donald Trump to be held in contempt and fined $US10,000 a day for failing to turn over documents he does not possess, a US judge has been told.

Lawyer Alina Habba made the argument in a submission to a New York state appeals court requesting the contempt order and fine be suspended until the challenge can be heard by appeals judges.

The arguments were submitted a week after State Supreme Court Judge Arthur Engoron in Manhattan said Mr Trump and his lawyers had failed to show they conducted a proper search for records sought by New York Attorney-General Letitia James in a civil probe of his business dealings.

Ms James had asked the court to hold Mr Trump in contempt after he failed to produce any documents to satisfy a March 31 deadline to meet the terms of the subpoena.

She has said her investigation has found evidence Mr Trump may have misstated the value of assets including skyscrapers and golf courses on financial statements for more than a decade.

Mr Trump has been fighting Ms James in court over her investigation, which he has called a politically motivated “witch hunt”.

Ms Habba told Mr Engoron a week ago she met with Mr Trump to ensure he had no records and there were none to be found.

On Friday, she submitted additional documents explaining the search, including an affidavit in which Mr Trump claimed he has no documents.

Mr Engoron criticised the affidavit as lacking in detail.

In Monday’s written arguments submitted to the appellate division of New York’s trial court, Ms Habba wrote that the daily fine “is not only unwarranted, it is also patently improper and impermissible by law”.

She said Mr Trump and his representatives had performed a “diligent, thorough and comprehensive search” for everything sought in the subpoena and provided complete and accurate responses to the attorney general.

She said the additional submissions last week amounted to “extraordinary efforts to comply”.

“Given these circumstances, it is unconscionable and indefensible for Appellant to be held in contempt in any manner, must less at the inordinate expense of $10,000 per day,” she said.

Monday’s written submission came after Ms Habba notified the appeals court last week she was appealing.

Mr Trump is also appealing Mr Engoron’s February 17 ruling requiring him to answer questions under oath.

Oral arguments in that appeal are scheduled for May 11.

A message seeking comment from the attorney-general’s office was not immediately returned.

– AAP