Do you have to travel to Miami for your cruise injury case?

Last updated October 5, 2026.

Possibly, but fewer steps require it than most people expect. In the federal court in Miami, a deposition can be taken by telephone or other remote means when the parties agree or the court orders it, and court-ordered mediation is held in person or by video-conference, by video if the parties cannot agree. Trial is the step most likely to require you in Miami.

The question comes up because many cruise tickets require suit in Miami no matter where the passenger lives (see why your cruise ticket says you have to sue in Miami). Below is each stage of a federal case and what the rules say about being there in person. For the kinds of claims we handle, see our cruise injury practice areas.

How does a long-distance case work, step by step?

1. Consultation and records. By phone or video, from wherever you live.
2. Written notice and filing. Your lawyer sends the notice your ticket requires and files the complaint in the court the ticket names.
3. Scheduling. The lawyers confer and the court sets a track and deadlines. You are not needed in the courtroom.
4. Discovery. Documents are exchanged and depositions are taken, by agreement or court order possibly by remote means.
5. A defense medical exam, if the court orders one. The order sets the time and place.
6. Mediation. In person or by video-conference, and you take part either way.
7. Trial. In open court in Miami, if the case does not resolve earlier.

The sections below take each stage in turn and quote the rule that decides where it happens.

Do you have to come to Miami to start a case?

No. A first consultation, gathering your records, sending the written notice your ticket requires and filing the complaint do not need you in Florida. You can speak with us by phone or video, and documents can be signed and returned electronically or by mail. Cruise Injury Advocates is based at The Wells Fargo Center in downtown Miami and represents passengers nationwide and worldwide, in English and Spanish.

What happens in the early court steps?

The first court deadlines are mostly for the lawyers. Under Local Rule 16.1(b) of the Southern District of Florida, counsel must meet "in person, by telephone, or by other comparable means" at least 21 days before the scheduling conference is held or the scheduling order is due, and then file a joint report within 14 days of that meeting. The court assigns each case to one of three tracks:

The rule says the majority of civil cases are assigned to the standard track. Discovery is the stage when each side exchanges documents and asks questions under oath. For how long each stage usually takes, see how long a cruise injury lawsuit takes in Miami federal court.

Will you have to travel for your deposition?

Possibly not. A deposition is your sworn testimony, given before trial, in answer to questions from the cruise line's lawyers. Federal Rule of Civil Procedure 30(b)(4) says the parties may stipulate, or the court may on motion order, that a deposition be taken by telephone or other remote means. For that rule, the deposition takes place where the witness answers the questions.

Whether your deposition is remote depends on that agreement or order, so it is wise to plan for the possibility of a trip. Tell your lawyer early about any medical or travel limits caused by the injury, so they can be raised before a date is set. Our guide to what happens after you file in Miami federal court places the deposition among the other stages.

Can the cruise line make you see its doctor?

Only if the court orders it. Under Rule 35, the court may order a party whose physical or mental condition is in controversy to be examined by a suitably licensed or certified examiner. The order may be made only on motion for good cause, with notice, and it must specify the time, place, manner, conditions and scope of the exam and who will perform it. Because the place is set in the order, an exam can mean travel. After the exam, the person examined can request a copy of the examiner's written report.

Is mediation in person or by video?

Either. In the Southern District of Florida, every civil case is referred to mediation except a short list of case types, such as habeas corpus and Social Security cases, and cruise injury cases are not on that list. The mediation must take place no later than 60 days before the trial date (Local Rule 16.2(d)).

Unless the court orders otherwise, the parties decide whether the mediation conference is held in person or by video-conference, and if they cannot agree, it is held by video-conference (Local Rule 16.2(a)(2)). Unless the court excuses you in writing, you must take part either way. If it is by video, you connect with both video and audio. If it is in person, a party who is an individual attends personally, not through an agent. The cruise line and its insurance claims professionals must also take part with full authority to negotiate a settlement (Local Rule 16.2(e)). Read what happens at mediation in a cruise injury case for how the day works.

Do you have to be in Miami for trial?

Plan on it. Federal Rule of Civil Procedure 43(a) says that at trial, witnesses' testimony must be taken in open court. The court may permit testimony from a different location by contemporaneous transmission only for good cause in compelling circumstances and with appropriate safeguards. As the injured passenger, you are usually one of the central witnesses. If a trip would be hard for medical reasons, raise it as early as possible.

Which steps may need you in Miami?

What about your doctors and other witnesses?

Witnesses who live far from Miami are common in cruise cases, since passengers, companions and treating doctors are often spread across the country. A subpoena can require a person to attend a trial, hearing or deposition only within 100 miles of where the person lives, works or regularly does business in person, or within their own state in limited cases (Federal Rule of Civil Procedure 45(c)(1)). In practice, a witness far from Miami is often deposed close to home.

That deposition can then matter at trial. Under Rule 32(a)(4)(B), a party may use the deposition of a witness for any purpose if the court finds the witness is more than 100 miles from the place of trial or is outside the United States, unless the party offering the deposition procured that absence. That is one reason depositions of treating doctors are taken with care: the recording may be the jury's or the judge's only look at that witness.

What changes the answer?

Whether the lawyers agree, or the court orders it

Remote depositions depend on a stipulation between the parties or a court order (Rule 30(b)(4)). Mediation format is for the parties to decide, with video as the default if they disagree, unless the court orders otherwise (Local Rule 16.2(a)(2)).

Your health

An injury that makes travel hard is a reason to ask early for remote arrangements, and it bears on whether a court finds the "good cause in compelling circumstances" Rule 43(a) requires for remote trial testimony. It also matters to where a Rule 35 exam is held, since the order sets the place.

Where you live

A passenger living abroad may face passports, visas and long flights. The 100-mile and outside-the-United-States rules for witnesses described above apply to other witnesses, and the court decides each request on its facts. How travel costs are handled depends on your agreement with your lawyer; see how cruise injury lawyers get paid in Florida.

Whether the case resolves before trial

Many of the steps that can happen remotely come before trial. If the case resolves at or after mediation, a trip for trial never arises. No one can promise that a case will settle, so plan for both possibilities.

What does this look like in a real situation?

For example, imagine a passenger who lives in Denver and was hurt on a cruise from Miami when an unsecured cabinet door swung into her face. She calls a Miami lawyer from home, sends her photos and medical records by email, and signs her papers electronically. Her lawyer sends the written notice within the ticket's deadline and files suit in Miami federal court.

The lawyers agree that her deposition will be taken by video, so she answers the questions by video from Denver; for that rule, the deposition takes place where she answers. Her treating surgeon in Denver is deposed near his office. The court orders a defense medical exam in Denver at a set time. Mediation is held by video because the parties could not agree on an in-person session, and she joins with camera and microphone on, as the local rule requires. If the case had not resolved, she would have planned a trip to Miami for trial, where witnesses testify in open court.

This example is hypothetical. It is not a past case or a result, and every claim turns on its own facts.

What mistakes do people make with a case far from home?

• Assuming they will never have to come. Trial testimony is taken in open court unless the court allows otherwise for compelling reasons.
• Treating mediation as optional. Unless the court excuses you in writing, you must take part, by video with audio and camera, or in person.
• Raising travel limits at the last minute. Medical limits are easier to address before a deposition, exam or trial date is set.
• Letting the distance delay the notice letter. The ticket's notice and lawsuit deadlines run whether or not anyone travels.
• Losing touch with witnesses. Companions and other passengers scatter after a cruise. Keep their names, phone numbers and emails while they are fresh.

What if you live outside the United States?

The same court rules apply, but a trip may involve passports, visas and longer travel, so tell your lawyer early where you live and any limits on your travel. Whether you can bring the claim at all, and in which court, depends on your ticket and the voyage; see can you bring a claim if you are not a U.S. resident.

What should you do this week?

1. Keep copies of your ticket contract, booking confirmation and itinerary in one place.
2. Collect medical records from the ship and from every doctor you saw afterward. Our checklist on what to do after an injury on a cruise lists what else to keep.
3. Keep a simple diary of symptoms, appointments and missed work.
4. Write down any medical or practical limits on travel, and tell your lawyer.
5. Make sure you can join a video call with a working camera and microphone.
6. Send the written notice of claim your ticket requires before its deadline. That deadline runs whether or not you ever travel.

Frequently asked questions

Can I take part in mediation from home?

Often, yes. Unless the court orders otherwise, the parties choose in person or video-conference, and if they cannot agree it is held by video-conference. If it is by video, you connect with both video and audio for the whole session.

Can my doctor testify without coming to Miami?

Usually through a deposition. A subpoena generally cannot force a person to travel more than 100 miles from where they live or work, and a deposition of a witness more than 100 miles from the place of trial can be used at trial if the court so finds.

Can I testify at trial by video?

Only if the court permits it, for good cause in compelling circumstances and with appropriate safeguards (Rule 43(a)). Plan to be in Miami for trial, and raise any medical reason early.

Who decides where my deposition is taken?

The lawyers usually agree on the place and format. If they cannot, the court can decide on a motion, including whether it may be taken by telephone or other remote means.

Do I need to visit your office?

No. Our office is at The Wells Fargo Center in downtown Miami, and you are welcome there, but consultations, documents and updates can all be handled by phone, video, email or mail. Our page on a cruise injury lawyer in Miami describes the courthouses and the port.

Will the case take years?

It depends on the track the court assigns and whether the case resolves early. The tracks above give the discovery windows, and our page on how long a cruise injury lawsuit takes sets out the court's own statistics.

This page is general information, not legal advice. Deadlines and rights depend on your ticket and the facts of your case. Contact a lawyer about your specific situation.