How to file an affidavit of non prosecution in Texas? There is no set form or format of an affidavit of nonprosecution in Texas.How and where do I fill out an affidavit of nonprosecution? I am listed as witness but never received papers to appear in court. I intend for this document to serve as my Affidavit for Non-Prosecution in the matter of the State of Texas v. This document allows victims to voice their desire not to press charges, potentially relieving them from drawnout court procedures. 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of. Just hand write or type a statement which first states your name, address and telephone number.