days after the judgment was signed, it shall be considered overruled by operation of law on expiration of that period. (e) If a motion for new trial is timely filed by any party, the trial court, regardless of whether an appeal has been perfected, has plenary power to grant a new trial or to vacate, modify, correct, or reform the judgment until thirty days after all such timely-filed motions are overruled, either by a written and signed order or by operation of law, whichever occurs first. Tex.R. Crv. P. 329b(c), (e). Rule 5 prohibits increasing the time period set forth in Rule 3 “The court may not enlarge the period for taking any action under the rules relating to new trials except as stated in these rules.” Tex.R. Civ. P. 5.; Moritz v. Preiss, 121 S.W.3d 715, 720 (Tex.2003) (<HOLDING>). As to damages in grounds one through three,
holding that due process requires exclusionary rule to be applied in state trials holding that by its terms rule 50 applies only to jury trials holding that the exclusionary rule does not apply to proceedings other than criminal trials holding that rule 5 prohibits a trial court from enlarging the period for taking action under the rules relating to new trials holding that the rules enabling act precludes rule from abridging enlarging or modifying any substantive right