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?Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases. Find Your Court Forms. An affidavit of nonprosecution is available from the prosecuting attorney normally in domestic violence cases. Fill out the caption - the name, address, phone number, court's address, parties, and case number at the top of the form. How to file an affidavit of non prosecution in Texas? 040 that a form of summons be used furnishing defendants in small claims cases with more complete information as to their procedural rights. County Attorney Montgomery did not sign the application. The second document was a lengthy affidavit dated.