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. I asked the DA if I could file an affidavit of non prosecution and he said no. Resources and information to help you navigate your court case, including step-by-step guides for following procedures and help with understanding your options. 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. Affidavit prima facie evidence of nonresidence.