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?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? Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases. A Guide to Creating New Mexico Affidavit. Include details and dates, if possible. A domestic abuse organization may be able to provide you with help filling out the form. Before completing the form, read the Privacy Act and Respondent Burden on Page 3. Receive new passport and original supporting documents (that you submitted with your application).