Remittitur is generally an order by a court for a new trial, or alternatively, for an amount of damages less than that awarded by the jury, and requires the plaintiff to choose between the two. The term remittitur is also used to refer to the written and signed document that a party who was awarded damages in a trial (the plaintiff) may file with the clerk if it agrees to remit or accept the court’s suggestion of lesser damages than were awarded.

In North Carolina, remittitur is a legal concept where a judge may reduce the amount of damages awarded by a jury if the judge finds that the award is excessive and not supported by the evidence presented during the trial. This process allows the judge to suggest a lower, more appropriate amount of damages. If the plaintiff accepts the reduced amount, the case concludes with the adjusted award. However, if the plaintiff rejects the remittitur, the court may order a new trial. The plaintiff must then decide whether to accept the reduced award or proceed with a new trial, which could potentially result in a lower award, a higher award, or no award at all. The term 'remittitur' also refers to the document that the plaintiff files with the court clerk if they agree to accept the reduced damages. North Carolina courts adhere to state statutes and case law when applying the principles of remittitur, ensuring that the process respects the plaintiff's right to a fair trial and just compensation while also preventing unjust enrichment from excessive jury awards.