The answer to your question is no, the state will not accept such an affidavit. 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? A Guide to Creating New Mexico Affidavit. Affidavit for arrest warrant. Include details and dates, if possible. A domestic abuse organization may be able to provide you with help filling out the form. The rules shall govern all proceedings in actions brought after that date and all further proceedings in actions pending on that date.