Failure to specifically request email attachments when requesting emails does not mean that the requesting party waives any right to object to the form of the production after the fact.
In this attorney-fee sharing dispute, the plaintiffs sought a motion to compel the defendants to produce all missing attachments to emails which were already produced in discovery. The defendants argued that the plaintiffs agreed that the emails would be produced in PDF format and never raised the issue of attachments, therefore waiving any right to object to the form of production after the fact.
The court rejected the defendant's argument because it did not reflect the real issue in the case: Whether the defendants complied with the court's discovery order for them to produce “all internal communications among defendants."
The emails produced by defendants were deemed responsive. Based on that logic, attachments to those emails should fall within the scope of the discovery order under FRCP 34(b)(2)(E)(ii).
The defendants were required to produce both emails and their attachments.