Request the necessary forms for filing an affidavit of nonprosecution. Fill out the forms accurately and completely.I am the complaining witness against. , the Defendant in the above referenced case. I will respond to you within 24 hours. Is your loved one in jail? Get an Affidavit of Non-Prosecution in Texas notarized ASAP. 1, 1985. Sec. 1.003. PREEMPTION. The Games will have an impact on the courts and criminal justice operations, at least in the seven county (Weber, Morgan,. Make sure that the expert has had the opportunity to review all of the necessary documents in the prosecution file prior to trial preparation.