How do i go about filling out an affidavit of non prosecution? Is there a form i can fill out or a certain wording required?No, you do not need a form as an affidavit is not a "form document. " It is a simple letter that is signed and notarized. Customer: If I filled out an affidavit for non prosecution, do I have to go to court to testify. Lawyer's Assistant: What state are you in? Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases. A Guide to Creating New Mexico Affidavit. Summary judgment is appropriate where there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law. The Supreme Court Commission on Access to Justice has approved the following forms.