Where do I upload an affidavit of non prosecution for Maryland for review to make sure it's right? How to file an affidavit of non prosecution in Texas?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? Non-Prosecution in the matter of the State of Texas vs. Notarized affidavits are not admissable. The person making the affidavit must be able to appear and be cross-examined.