How to file an affidavit of non prosecution in Texas? An affidavit of nonprosecution is a sworn document in which the plaintiff expresses their desire not to prosecute the case or participate in the prosecution.Non-Prosecution in the matter of the State of Texas vs. There is no set form or format of an affidavit of nonprosecution 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? An Affidavit of NonProsecution is a pretty standard form. In fact, a few Texas courts even provide a blank affidavit that you can fill out.