Can a case be dismissed during a rehearing?

Answer 1

It would depend on the legislation of the country concerned.

Additional Answer

A rehearing is no different than the initial hearing in that it is subject to the same rules governing dismissals as the first hearing.

One example would be if a conviction were set aside by an appellate court because the trial court allowed evidence of a confession that should have been excluded. The appellate court would remand the case to the trial court for a rehearing or retrial. If the trial court felt the prosecution's case was insufficient to sustain a conviction absent the confession, it would dismiss the case on rehearing.

Another example would be if a conviction or finding of civil liability were based on a statute later declared unconstitutional, the case would be remanded to the trial court for further proceedings consistent with the declaration that the statue was void. On rehearing the court would dismiss the case.