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. An affidavit of non-prosecution is not a "special" form. Follow this straightforward guide to edit Printable affidavit of non prosecution form texas in PDF format online free of charge. Texas allows for the filing of an affidavit of nonprosecution. That doesn't mean, however, that the DA won't still go forward with the case. Notarized affidavits are not admissable. The person making the affidavit must be able to appear and be cross-examined.